What is the test for a defendant to have to prove beyond a reasonable doubt every essential element of the charge against him?

failure, if any, of the People to prove beyond a reasonable doubt every essential element of the charge against him. No lack of testimony on defendant's part will make up for a failure of proof by the People so as to support a finding against him on any essential element." The jury is presumed to have followed these instructions, and counsel's declaration does not indicate otherwise. (Rufo v. Simpson (2001) 86 Cal.App.4th 573, 598-599.) The trial court properly found that defendant had not made the prima facie showing required to warrant a hearing under Code of Civil Procedure section 237.