What is the burden of resuming a sentence for a theft?
California, United States of America
The following excerpt is from People v. Montgomery, G051365 (Cal. App. 2016):
It was her burden, as the petitioning party, to demonstrate that she qualified for resentencing as a factual matter. (People v. Sherow (2015) 239 Cal.App.4th 875, 880.) In addition to arguing the relevant legal principles, defendant must establish the necessary facts. Therefore, if the crime under review is a theft offense, "'the petitioner
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