What is the burden of proof on a Proposition 47 petition?

California, United States of America


The following excerpt is from People v. Fredieu, E064196 (Cal. App. 2016):

We disagree with defendant's additional claim that neither party bears the burden of proof on a Proposition 47 petition. To be entitled to the relief he sought in his petition, defendant had the initial burden of making a prima facie evidentiary showing to the trial court that his 2005 commercial burglary conviction would have constituted misdemeanor shoplifting, under section 459.5, had section 459.5 been in effect at the time he committed the burglary. (Sherow, supra, 239 Cal.App.4th at pp. 879-880; People v. Rivas-Colon (2015) 241 Cal.App.4th 444, 449-450.)

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