What is the burden of proving a prior conviction of a Page 6 sexual assault?

California, United States of America


The following excerpt is from People v. Quezada, H041174 (Cal. App. 2016):

The People have the burden of proving the truth of the prior conviction. (People v. Delgado (2008) 43 Cal.4th 1059, 1065). In this case, there is no transcript of the actual sentencing by the court to show that the court intended that the crime be classified as a

Page 6

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