What is the burden of proving a waiver of a right?

"'Perhaps the most fundamental rule of appellate law is that the judgment challenged on appeal is presumed correct, and it is the appellant's burden to affirmatively demonstrate error.' [Citation.] . . . Not only does the defendant bear the burden of demonstrating an invalid waiver of [a constitutional right], but the defendant further bears the burden to provide a record on appeal which affirmatively shows that there was an error below, and any uncertainty in the record must be resolved against the defendant. [Citations.]" (People v. Sullivan (2007) 151 Cal.App.4th 524, 549.) Absent a record showing the contrary, we must therefore presume that the court regularly performed its duty and that it obtained a valid waiver. (Id. at p. 550.)⁸

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Defendant does not claim that he was prejudiced by the five-day delay in the preliminary hearing. Relying on Ramos v. Superior Court (2007) 146 Cal.App.4th 719, defendant contends that he need not show prejudice as a result of a violation of the 60-day rule.