What is the burden of appealing against a sentence that was reduced to a misdemeanor under Proposition 47?

California, United States of America


The following excerpt is from People v. Maynarich, 203 Cal.Rptr.3d 260, 248 Cal.App.4th 77 (Cal. App. 2016):

Proposition 47 reclassified certain drug and theft offenses as misdemeanors rather than felonies or wobblers. (In re J.L. (2015) 242 Cal.App.4th 1108, 1112, 195 Cal.Rptr.3d 482 ; People v. Sherow (2015) 239 Cal.App.4th 875, 879, 191 Cal.Rptr.3d 295.) A defendant seeking to recall his or her sentence under Proposition 47 bears the burden of proving that he or she is eligible for resentencing. (People v. Sherow, supra, at pp. 879880, 191 Cal.Rptr.3d 295.)

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