What is the appellant's burden to prove his entitlement to presentence credit?
California, United States of America
The following excerpt is from People v. Castillo, F071364 (Cal. App. 2017):
An appellate court may resolve presentence credit calculation issues if doing so will serve the interests of judicial economy (People v. Jones (2000) 82 Cal.App.4th 485, 493), but it is the appellant's burden to affirmatively demonstrate his entitlement to credit for any particular time period (People v. Jacobs (2013) 220 Cal.App.4th 67, 81). He has done so.
"The most advanced legal research software ever built."
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.
Other Questions
What is the burden of proving that the appellant was prejudiced by the error in a finding that she was entitled to stay in a marriage? (California, United States of America)
What authority does appellant rely on when it comes to asserting that a person is entitled to claim that they are not entitled to the same amount of damages as they are entitled to? (California, United States of America)
What is the burden on the accused to establish entitlement to presentence custody credits? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the appellant's burden to establish error based on the appellate record? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
Does appellant have to provide a satisfactory explanation from appellant's counsel for his conduct toward appellant? (California, United States of America)
What is the appellant's burden of demonstrating prejudicial error to the appellate court? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
If the record is silent and the appellant has failed to sustain his burden of proving error, what is the test for striking a prior felony conviction? (California, United States of America)
