What is the burden of establishing eligibility under Proposition 47?
California, United States of America
The following excerpt is from People v. Bautista, C079778 (Cal. App. 2016):
amended by Proposition 47. ([Pen. Code,] 1170.18, subd. (a).)" (Id. at p. 1092.) A defendant seeking review has the initial burden to establish the facts upon which eligibility under Proposition 47 is based. (People v. Sherow (2015) 239 Cal.App.4th 875, 880 (Sherow).)
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