What is the burden of proof for a defendant to prove their eligibility under Proposition 47?

California, United States of America


The following excerpt is from People v. Ramirez, H042514 (Cal. App. 2016):

A defendant bears the burden of proof as to eligibility under Proposition 47. (People v. Sherow (2015) 239 Cal.App.4th 875, 879 [holding that a defendant bears the burden of proof as to eligibility under 1170.18, subd. (a)].)

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