California, United States of America
The following excerpt is from People v. Green, E066088 (Cal. App. 2017):
Defendant argues that the trial court erred by failing to make a "statutorily required factual determination" of the value of the property stolen. This argument fails because the trial court made the correct factual determination that the evidence before itmore accurately, the complete lack of evidence before itwas insufficient to establish the value of the property at issue. A defendant who files a petition under Proposition 47 bears the burden of establishing he is eligible for the relief requested. (People v. Sherow (2015) 239 Cal.App.4th 875, 878-880 (Sherow).) Defendant did not carry his burden.
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