California, United States of America
The following excerpt is from People v. Bates, E063593 (Cal. App. 2016):
In requesting a felony conviction be transmuted into a misdemeanor pursuant to Proposition 47, a defendant bears the burden of making an initial showing concerning the value of the stolen property. In other words, a defendant bears the burden of initially showing he is entitled to a reduction in sentence. Therefore a "proper petition" should contain proof, such as the defendant's testimony (or other evidence) regarding the nature and value of the items taken. Based upon that initial showing, the trial "court can take such action as appropriate to grant the petition or permit further factual determination." (Sherow, supra, 239 Cal.App.4th at p. 880; see also People v. Rivas-Colon (2015) 241 Cal.App.4th 444, 449-450.)
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