What is the burden of establishing that any prior conviction under Proposition 47 is eligible for relief?
California, United States of America
The following excerpt is from People v. Fabricant, B276493, B277576, c/w B276513 (Cal. App. 2017):
A defendant bears the burden of establishing that any prior conviction is eligible for relief under Proposition 47. (People v. Romanowski (2017) 2 Cal.5th 903, 916.)
"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
Is a defendant eligible for relief under Proposition 47 due to his prior conviction for attempted murder? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
What is the burden of establishing that a defendant who files a petition under Proposition 47 is eligible for relief? (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)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (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)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
In a motion to dismiss a conviction for a prior felony conviction for failing to complete probation, what is the burden on the court? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
