What is the burden of establishing that the punishment prescribed for the offence is unconstitutional?
California, United States of America
The following excerpt is from People v. Carrero, H041971 (Cal. App. 2017):
441, 487, fn. 38 (Dillon).)4 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 (King).)
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