California, United States of America
The following excerpt is from People v. Martin, E064345 (Cal. App. 2016):
for such resentencing.' " (People v. Perkins (2016) 244 Cal.App.4th 129, 136 (Perkins), quoting People v. Sherow (2015) 239 Cal.App.4th 875, 878-879 (Sherow).) The People assert that, "Without providing sufficient evidence to establish the factual basis of his section 459 conviction, respondent failed to meet his burden and his petition should have been summarily denied." Defendant responds that the People waived this issue by failing to object to the extent to which he met his burden in the trial court. We agree that the People's position fails, but for slightly different reasons than the one defendant asserts.
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.