What is the burden of establishing prejudice against a defendant who failed to attend the eligibility hearing?
California, United States of America
The following excerpt is from People v. Lindsey-Jones, E069076 (Cal. App. 2018):
Defendant argues he had a right to attend the eligibility hearing and did not waive this right. The People agree that defendant did have a right to attend the hearing, but respond that he has not established prejudice because he failed to specify what he would have said or done to cause a different result. Defendant has the burden of demonstrating prejudice from any error. (People v. Bradford (1997) 15 Cal.4th 1229, 1357.)
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