What is the burden of proving that an error in sentencing a defendant to life in prison for attempted murder was harmless?
California, United States of America
The following excerpt is from People v. Sek, 186 Cal.Rptr.3d 181, 235 Cal.App.4th 1388 (Cal. App. 2015):
The sole remaining issue is prejudice. Because the life sentences on the attempted murder counts violated defendants' due process rights, respondent has the burden of showing that the error was harmless beyond a reasonable doubt. (People v. Milosavljevic (2010) 183 Cal.App.4th 640, 647, 107 Cal.Rptr.3d 792.)
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