Does a defendant have to prove that he was serving a sentence when he filed a petition under section 1170.18, subdivision (a) of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Vargas, H042828 (Cal. App. 2017):
As defendant acknowledges, similar claims have been rejected in cases involving petitions filed under section 1170.18, subdivision (a)i.e., by defendants who were "currently serving a sentence." In such cases, a defendant "must provide some evidence of eligibility when he [or she] files the petition." (People v. Perkins (2016) 244 Cal.App.4th 129, 137 (Perkins).) The trial court may summarily deny a section 1170.18,
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
When a defendant pleads and proves that he meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a)(1) of the California Criminal Code, what is the applicable sentence? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
What is the effect of section 654 of the California Criminal Code when a defendant is found guilty of a charge under Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
