What is the burden of establishing that the punishment prescribed for an assault is unconstitutional?
California, United States of America
The following excerpt is from People v. Felarca, 74 Cal.App.4th 972, 88 Cal.Rptr.2d 587 (Cal. App. 1999):
A defendant bears the burden of establishing that the punishment prescribed for his offense is unconstitutional. (People v. King (1993) 16 Cal.App.4th 567, 572, 20 Cal.Rptr.2d 220.)
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