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. Mendez, F073330 (Cal. App. 2018):
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 introducing facts sufficient to demonstrate eligibility, "including by providing in the petition a statement of personally known facts necessary to eligibility." (Page, supra, 3 Cal.5th at p. 1188; see People v. Sherow (2015) 239 Cal.App.4th 875, 879-880.)
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