Does a defendant have the ultimate burden of proving eligibility for redesignation as a misdemeanor?
California, United States of America
The following excerpt is from People v. Martinez, H043640 (Cal. App. 2017):
On a Proposition 47 application, the defendant has the ultimate burden of proving eligibility for redesignation as a misdemeanor. (People v. Romanowski (2017) 2 Cal.5th 903, 916.) In this case, the trial court in denying defendant's Proposition 47 application implicitly determined that defendant failed to meet her burden.
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