What is the burden of proving eligibility for resentencing?

California, United States of America


The following excerpt is from People v. Ghoston, E063457 (Cal. App. 2018):

"The ultimate burden of proving . . . eligibility lies with the petitioner. [Citation.] In some cases, the uncontested information in the petition and record of conviction may be enough for the petitioner to establish this eligibility. . . . But in other cases, eligibility for resentencing may turn on facts that are not established by either the uncontested petition or the record of conviction. In these cases, an evidentiary hearing may be 'required if, after considering the verified petition, the return, any denial, any affidavits or declarations under penalty of perjury, and matters of which judicial notice may be taken, the court finds there is a reasonable likelihood that the petitioner may be entitled to relief and the petitioner's entitlement to relief depends on the resolution of an issue of fact.' [Citations.]" (People v. Romanowski (2017) 2 Cal.5th 903, 916.)

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