Does a court have to determine "petitioner's eligibility for resentencing based on a record of conviction based on the record of the petitioner's eligibility to resentencing"?

California, United States of America

The following excerpt is from People v. Nodal, G051360 (Cal. App. 2016):

We agree with this legal analysis. A court must determine "petitioner's eligibility for resentencing based on the record of conviction." (People v. Bradford (2014) 227 Cal.App.4th 1322, 1338 [as to Prop. 36 & 1170.126].) Moreover, section 1170.18, subdivision (g), states, "If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor." (Italics added.) Although section 1170.18 does not explicitly allocate the burden of proof, requiring that "the application" satisfy the appropriate criteria strongly suggests the burden is on the petitioner.

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