What is the burden of proving a defendant's eligibility for a resentencing?

Defendant's argument is based on authority reviewing prior conviction allegations where the People have the burden of proving beyond a reasonable doubt every element of the allegation. (People v. Miles, supra, 43 Cal.4th at p. 1082.) Since defendant bears the burden of proving his eligibility for resentencing, where, as here, the record contains no evidence establishing eligibility and defendant's petition contained no supporting evidence or even bare allegations as to the property's valuation, the trial court can find defendant ineligible and deny the petition.

Defendant further claims he was entitled to a hearing on his petition. But Proposition 47 does not set forth a requirement that a trial court must hold a hearing before determining whether a defendant is eligible for resentencing. ( 1170.18, subds. (a), (b).) A defendant is not entitled to a hearing unless the petition sets forth a prima facie case for eligibility. (People v. Perkins (2016) 244 Cal.App.4th 129, 139.) Defendant's petition contained no facts of allegations supporting a prima facie case for eligibility. The trial court could therefore deny his petition without a hearing.

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