What is the burden of proving section 1170.18 eligibility?
California, United States of America
The following excerpt is from People v. Douglas, B288534 (Cal. App. 2019):
"The ultimate burden of proving section 1170.18 eligibility lies with the petitioner. (See Evid. Code, 500.) In some cases, the uncontested information in the petition and record of conviction may be enough for the petitioner to establish this eligibility." (People v. Romanowski (2017) 2 Cal.5th 903, 916.)
"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 that a tenant met his burden of demonstrating that he met his probability of prevailing on a claim under section 425.16? (California, United States of America)
What is the test for determining whether a defendant has the burden of proving his or her eligibility for resentencing under section 1170.18? (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)
Who bears the burden of proving eligibility under section 1170.18? (California, United States of America)
What is the burden of proving that a defendant has met the anti-SLAPP provisions of Section 10 of the California Anti-SLAP Act? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
What is the burden of proving error on a section 388 petition? (California, United States of America)
Does evidence code section 1108 reduce the prosecution's burden to prove guilt beyond a reasonable doubt? (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 burden of proving a violation of section 245 of the California Penal Code? (California, United States of America)
