What is the burden of proving ineligibility at a resentencing?
California, United States of America
The following excerpt is from People v. Nusser, E060276 (Cal. App. 2015):
Penal Code section 1170.126 does not clearly specify who has what burden of proof. While this appeal was pending, however, People v. Osuna, supra, 225 Cal.App.4th 1020 held that, in a resentencing proceeding, the prosecution has the burden of proving ineligibility by a preponderance of the evidence. (Id. at p. 1040.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving beyond a reasonable doubt that a petitioner is ineligible for resentencing? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the burden of proving beyond a reasonable doubt that the petitioner is ineligible for resentencing? (California, United States of America)
Does a Respondent have an evidentiary burden to prove that a Defendant has met their initial burden? (California, United States of America)
What is the burden of proving a defendant's eligibility for a resentencing? (California, United States of America)
In what circumstances will the court shift the burden of proving prejudice and proving laches to the state? (California, United States of America)
What is the burden of proving ineligibility for a third strike sentence? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
What is the burden of proving eligibility for resentencing? (California, United States of America)
