What is the burden of establishing that a defendant has met under section 1170.18 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Perez, H043965 (Cal. App. 2018):

"A defendant seeking resentencing under section 1170.18 bears the burden of establishing his or her eligibility, including by providing in the petition a statement of personally known facts necessary to eligibility. [Citations.]" (Page, supra, 3 Cal.5th at p. 1188.) If the defendant fails to meet this burden, the trial court's order denying the petition must be affirmed, even if the trial court expressed a different reason for denying the petition. (People v. Perkins (2016) 244 Cal.App.4th 129, 139.) "[O]n appeal we are

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