People v. Malabag

In People v. Malabag (1997) 51 Cal.App.4th 1419, the clerk's minutes, but not the "truncated reporter's transcript of less than a single page" (id. at p. 1422) reflected the defendant's waivers to formal arraignment and his right to a revocation hearing. The silence of the transcript, he contended on appeal, established that no waivers had occurred. (Id. at pp. 1421-1422.) The appellate court denied his requests for reversal of orders revoking probation and executing a suspended sentence, noting first that in the face of a silent record the judgment of the trial court is presumed correct. To prevail on appeal, error must be affirmatively shown. (Id. at pp. 1422-1423) The court further noted that while the reporter's transcript was incomplete, it did not contradict the minutes. (Malabag, supra, 51 Cal.App.4th at p. 1422.)