What is the burden of proving eligibility for redesignation as a misdemeanor on a Proposition 47 application?
California, United States of America
The following excerpt is from People v. Martinez, H043463 (Cal. App. 2017):
On a Proposition 47 application, the defendant has the ultimate burden of proving eligibility for redesignation as a misdemeanor. (People v. Romanowski (2017) 2 Cal.5th 903, 916.) "In some cases, the uncontested information in the petition and record of conviction may be enough for the [defendant] to establish this eligibility." (Ibid.)
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