What is the burden of establishing that a petitioner is eligible for resentencing?
California, United States of America
The following excerpt is from People v. Goldsmith, F071723 (Cal. App. 2017):
The trial court is tasked with determining whether a petitioner is eligible for resentencing. ( 1170.18, subd. (b).) However, a petitioner has the initial burden of
Page 4
introducing facts sufficient to demonstrate eligibility. (People v. Sherow (2015) 239 Cal.App.4th 875, 879-880.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court have to determine "petitioner's eligibility for resentencing based on a record of conviction based on the record of the petitioner's eligibility to resentencing"? (California, United States of America)
What is the burden of establishing that a petitioner is eligible for resentencing? (California, United States of America)
What is the burden of establishing that a petitioner is eligible for resentencing? (California, United States of America)
Who has the burden of establishing whether a petitioner is eligible for resentencing? (California, United States of America)
Does a defendant who files a petition under Proposition 47 have the burden of establishing he or she is eligible for a misdemeanor resentencing? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the burden of establishing eligibility for relief? (California, United States of America)
What is the burden of proof in determining eligibility for resentencing under Proposition 47? (California, United States of America)
Does Defendant have the burden of establishing that he is eligible for relief under Proposition 47? (California, United States of America)
What is the burden of proving eligibility for resentencing? (California, United States of America)
