California, United States of America
The following excerpt is from People v. Superior Court (Blakely), 60 Cal.App.4th 202, 70 Cal.Rptr.2d 388 (Cal. App. 1997):
California courts have construed section 1026.5 as imposing upon the state the higher standard of proof beyond a reasonable doubt. People v. Buttes, supra, 134 Cal.App.3d at page 125, 184 Cal.Rptr. 497, holds "the burden of proof is placed on the prosecution to prove beyond a reasonable doubt the two conditions required for an extended commitment," i.e. mental illness and dangerousness. (Italics added.) People v. Wilder (1995) 33 Cal.App.4th 90, 98, 39 Cal.Rptr.2d 247, is in accord.
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