People v. Bejar CA4/3

DISCUSSION

“Under the due process and equal protection clauses of the federal Constitution’s Fourteenth Amendment, and under state law, a criminal defendant is entitled to an appellate record that is ‘sufficient to permit adequate and effective appellate review.’” (People v. Elliott (2012) 53 Cal.4th 535, 595.) “‘The defendant has the burden of showing the record is inadequate to permit meaningful appellate review.’” (Ibid.) Bejar argues he was denied his federal and state constitutional rights because the incomplete transcript failed to provide him with an adequate record on which he can base his appeal. Respondent contends Bejar waived any challenge based on adequacy of the record because he agreed to electronic recording, and “[p]resumably, everyone in the courtroom was aware that the [judge’s] microphone was cutting out at times.” Although Bejar concedes he agreed to electronic recording, he argues his agreement did not waive any right to an adequate record because he was not aware the electronic equipment was malfunctioning. We agree the record does not establish a waiver because it is not clearly established that defense counsel had contemporaneous knowledge of the…