What is the burden of proving beyond a reasonable doubt that a petitioner is ineligible for resentencing?
California, United States of America
The following excerpt is from People v. Quintana, B302517 (Cal. App. 2020):
additional evidence to meet their respective burdens." ( 1170.95, subd. (d)(3); see People v. Lewis (2020) 43 Cal.App.5th 1128, review granted Mar. 18, 2020, S260598.)4 The prosecution has the burden of proving beyond a reasonable doubt that the petitioner is ineligible for resentencing. ( 1170.95, subd. (d)(3).)
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