What is the test for determining whether a defendant has the burden of proving his or her eligibility for resentencing under section 1170.18?
California, United States of America
The following excerpt is from People v. Willis, E063652 (Cal. App. 2016):
Dispositive of this case is the decision in People v. Sherow (2015) 239 Cal.App.4th 875, 879 (Sherow) holding that the defendant bears the burden of proof with respect to his or her eligibility for resentencing under section 1170.18. We agree with the analysis in that case and its result.
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