What is the initial burden of making a prima facie evidentiary showing of entitlement to Proposition 47 relief?
California, United States of America
The following excerpt is from People v. Bell, E066644 (Cal. App. 2017):
Under case law interpreting section 1170.18, the applicant or petitioner has the initial burden of establishing "the facts" upon which his or her eligibility for Proposition 47 relief is based. (People v. Sherow (2015) 239 Cal.App.4th 875, 879-880.) That is, the petitioner has the initial burden of making a prima facie evidentiary showing of his or her entitlement to the Proposition 47 relief the petitioner seeks.
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