What is the burden of proving prejudice against defendant?
California, United States of America
The following excerpt is from People v. Morales, F068207 (Cal. App. 2015):
Defendant's protestations to the contrary notwithstanding, the evidence here was overwhelming as to both the substantive offense and the great bodily injury enhancement. This being the case, defendant has failed to meet his burden of establishing prejudice. (See People v. Torres, supra, 33 Cal.App.4th at p. 49.)8
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