What is the burden of proof under Proposition 47 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Santamaria, D068307 (Cal. App. 2016):
similarly to Proposition 47 (although not identical), the burden of proof as to lack of eligibility is on the prosecution (People v. Bradford (2014) 227 Cal.App.4th 1322), therefore the burden of proof under Proposition 47 ought to be on the prosecution.
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