What is the burden of proving the voluntariness of a confession?

The question at issue is whether defendant waived his Miranda rights, since the hearing on the suppression motion indicates that the Miranda rights were given to defendant. Defendant argues that his case is governed by People v. Jimenez (1978) 21 Cal.3d 595, 147 Cal.Rptr. 172, 580 P.2d 672, in which the court held that the burden is upon the [93 Cal.App.3d 61] prosecution to prove the voluntariness of a confession beyond a reasonable doubt. The People assert that the Jimenez rule is not here applicable because, in People v. Duren (1973) 9 Cal.3d 218, 237, 107 Cal.Rptr. 157, 170-171, 507 P.2d 1365, 1378-1379, the court set forth the applicable rule as follows: "The burden of establishing a waiver of the right to counsel and the right to remain silent is on the prosecution (citations); and the courts will not likely find that there has been a waiver of a fundamental constitutional right, but, rather, will indulge in every reasonable presumption against a waiver (citations). On appeal, however, the burden is on the defendant to establish that he did not competently and intelligently waive the right."