Does defendant have the initial burden of demonstrating eligibility under section 1170.18, subdivision (a)?

California, United States of America


The following excerpt is from People v. Moultrie, A144667 (Cal. App. 2016):

Here, defendant is the party who petitioned for relief, and therefore he had the initial burden of demonstrating eligibility under section 1170.18, subdivision (a). (See also People v. Perkins (2016) 244 Cal.App.4th 129, 136-137 [following Sherow and Rivas-Colon].)

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