What is the burden of presenting a motion for resentencing?
California, United States of America
The following excerpt is from People v. Rio, D078225 (Cal. App. 2021):
The petitioner has the burden to make a prima facie showing of eligibility for resentencing. If such showing is made the court must issue an order to show cause (OSC) and conduct an evidentiary hearing. After appointment of counsel, the trial court may consider the record of conviction to determine if the petitioner is ineligible for relief as a matter of law. (People v. Lewis (July 26, 2021, No. S260598) ___ Cal.5th ___ [2021 Cal. LEXIS 5258].)
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