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Whatsapp 1.3.0 Jar Download UPDATED. Related Collections. Relocating. 1 item. Relocating it did not occur. A trial court may properly decide not to hold an evidentiary hearing if the record is sufficient to allow the trial court to make an independent evaluation of the allegations. See, e.g., Ex parte Boatwright, 471 So.2d 1257, 1260 (Ala. 1985). Because this record is sufficient, we are not persuaded that the trial court erred in failing to conduct an evidentiary hearing. IV. The defendant's final contention is that he was denied the effective assistance of trial counsel. The defendant argues that his counsel was inadequate because, he says, counsel failed to effectively represent him in two ways. First, he says that his counsel failed to advise him of the possibility that his waiver of jury trial was not knowingly and voluntarily made. Second, he contends that his counsel failed to adequately consult with him about an appeal. The state contends that the record conclusively demonstrates that the defendant was fully advised of his right to a jury trial, and that the record shows that the defendant was informed of his right to appeal. *1428 A review of the record in this case convinces us that the defendant was properly advised of his right to a jury trial and his right to an appeal. Therefore, the state's argument that the record shows that the defendant was properly advised of his right to a jury trial is supported by the record. Thus, the burden shifted to the defendant to demonstrate by a preponderance of the evidence that he was denied effective assistance of counsel. Walker v. State, 611 So.2d 1133 (Ala.Cr.App. 1992); Thomas v. State, 507 So.2d 1066 (Ala.Cr.App. 1987). The defendant has not met this burden. See, e.g., Thomas, supra. Moreover, the defendant has failed to demonstrate that he was prejudiced by his attorney's alleged errors, if any, in this case. To establish prejudice, the defendant must show that there is a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different. Thomas v. State, 539 So.2d 375, 378 (Ala.Cr.App.1989). It

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