What is the burden of proving an initial showing of vindictiveness?

California, United States of America


The following excerpt is from The People v. Valli, 07F01123, C057362, No.05F10244 (Cal. App. 2010):

"Where the defendant shows that the prosecution has increased the charges in apparent response to the defendant's exercise of a procedural right, the defendant has made an initial showing of an appearance of vindictiveness. [Citation.]" (Twiggs v. Superior Court (1983) 34 Cal.3d 360, 371.) "[O]nce the presumption of vindictiveness is raised the prosecution bears a heavy burden of rebutting the presumption with an explanation that adequately eliminates actual vindictiveness. In this regard, the trial court should consider the prosecutor's explanation in light of the total circumstances

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of the case in deciding whether the presumption has been rebutted." (Id. at p. 374.)

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