What is the burden of proving delay and disruption to sentencing?
California, United States of America
The following excerpt is from People v. Mitchell, A133094 (Cal. App. 2014):
friends of D.K. who had appeared to speak at sentencing. We will not entertain the unrealistic supposition that delay and disruption played no role in the judge's ruling. It is defendant's burden to show error on appeal (e.g., People v. Green (1979) 95 Cal.App.3d 991, 1001), and we are not convinced that the court improperly applied the Marsden standard.
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