What is the burden of proving a prior conviction for a sentence enhancement?

The People must prove each element of a sentence enhancement beyond a reasonable doubt. (People v. Delgado (2008) 43 Cal.4th 1059, 1066.) A common method to prove the fact and nature of a prior conviction is to introduce certified documents from the record of the prior court proceeding and commitment to prison, including the abstract of judgment describing the prior offense. "On review, we examine the record in the light most favorable to the judgment to ascertain whether it is supported by substantial evidence. In other words, we determine whether a rational trier of fact could have found that the prosecution sustained its burden of proving the elements of the sentence enhancement beyond a reasonable doubt. [Citations.]" (Id. at pp. 1066-1067.)

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Here, insufficient evidence supports the imposition of one of the two three-year enhancements on count 1. Only one of the prior convictions alleged in the information was proved by exhibit 14; no evidence of defendant's 1997 conviction was presented. Thus, the trial court erred in imposing the second three-year enhancement on count 1 because it relied on information not in the record. However, because the trial court exercised sentencing discretion in fashioning defendant's sentence, we remand for resentencing to permit the trial court to restructure defendant's sentence. (People v. Rodriguez (2009) 47 Cal.4th 501, 509.)