What is the burden of proving ineligibility for a third strike sentence?

Defendant argues that the People had the burden to prove ineligibility beyond a reasonable doubt. Our colleagues in People v. Osuna (2014) 225 Cal.App.4th 1020, 1040 (Osuna) and White, supra, 223 Cal.App.4th at pp. 526-527 rejected a similar argument. In White, the court noted the Act deals separately with future prosecutions in which the Act requires the prosecution to plead and prove the factors which would authorize an indeterminate third strike sentence. The Act requires such factors to be proved beyond a reasonable doubt. The Act, however, does not set a burden of proof for the determination of criminal history factors that would render an inmate ineligible for resentencing.

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