What is defendant's burden of proving that he was released from custody on his own recognizance and placed on electronic monitoring?

California, United States of America


The following excerpt is from People v. Ferreira, B257760 (Cal. App. 2015):

As defendant failed show that the August incident was unsupported by substantial evidence or that the court's reliance on that incident alone was abusive or arbitrary, he has not demonstrated an abuse of discretion. (See People v. Urke, supra, 197 Cal.App.4th at p. 773.)

Defendant contends that pursuant to section 2900.5, subdivision (f), he is entitled to credit for the time he was out of custody on his own recognizance with conditions which restricted his freedom of movement, both before and after he was placed on electronic monitoring. It is defendant's burden to demonstrate that he was entitled to additional custody credit. (People v. Shabazz (2003) 107 Cal.App.4th 1255, 1258.)

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