Does a defendant have to plead and prove his intent to commit a criminal offence under section 1170.12 of the California Criminal Code?

Defendant does not argue that the issue of his intent was subject to a "pleading and proof" requirement, yet his contention is similar to such claims, which have been rejected by the appellate courts. (See People v. Chubbuck, supra, 231 Cal.App.4th at pp. 745, and cases cited therein.) As for defendant's complaint that the court made an "independent" finding, the Act does not require a jury finding to establish the exceptions to allowing resentencing of a prisoner, as is stated in many of these same cases. (See People v. Brimmer (2014) 230 Cal.App.4th 782, 805, and cases cited therein.) The statute provides

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that the court must determine whether the exceptions in section 1170.12, subdivision (c)(2)(C)(iii) apply.