Does a defendant who is convicted of second degree burglary have the burden of establishing entitlement to resentencing?
California, United States of America
The following excerpt is from People v. Price, B262405 (Cal. App. 2015):
People v. Sherow (2015) 239 Cal.App.4th 875, 879-880 (Sherow), held that a defendant convicted of second degree burglary, who seeks resentencing pursuant to Proposition 47 under the shoplifting statute, bears the burden of establishing entitlement to relief. We agree with the reasoning in Sherow, which is entirely consistent with the approach of the trial court in this case.
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