California, United States of America
The following excerpt is from People v. Casmer, E067423 (Cal. App. 2018):
Based on the foregoing, defendant was not entitled to have his felony conviction of violating Vehicle Code section 10851 reduced to a misdemeanor under Penal Code section 1170.18 because he did not meet his burden of showing he was eligible under Proposition 47. (See Vance v. Bizek (2014) 228 Cal.App.4th 1155, 1163, fn. 3 ["A party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting"].) Therefore, like the defendant in
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