California, United States of America
The following excerpt is from People v. Bravo, B301560 (Cal. App. 2020):
petitioner on any remaining counts . . . ." ( 1170.95, subd. (d)(1).) If a hearing is held, "[t]he prosecutor and the petitioner may rely on the record of conviction or offer new or 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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