How have the courts treated a recall petition signed under penalty of perjury?

California, United States of America

The following excerpt is from People v. Matthews, E059596 (Cal. App. 2014):

At the outset, we address defendant's assertion that his recall petition, signed under penalty of perjury, was prima facie evidence that he was eligible for resentencing. As a general rule, a self-serving declaration lacks trustworthiness. (People v. Duarte (2000) 24 Cal.4th 603, 611.) Defendant's self-serving petition, alleging that he had no prior convictions for any of the disqualifying offenses, did not presumptively establish his eligibility for resentencing. Moreover, as defendant concedes, he did not produce any further documentation of the record of his prior convictions at the hearing on his petition.

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