In a motion to dismiss a conviction for a prior felony conviction for failing to complete probation, what is the burden on the court?

California, United States of America

The following excerpt is from People v. D.M. (In re D.M.), F073014 (Cal. App. 2016):

2. Looking to the merits of appellant's explicit argument, there is no indication the court was unaware of the requirements of the law in effect on January 6, 2016. We presume the court was aware of and followed the controlling law. (See e.g., People v. Carmony (2004) 33 Cal.4th 367, 376-377 [discussing burden and presumption in context of motions to dismiss prior felony convictions].) Given the numerous outstanding failures to complete the terms of probation, including several failed drug tests, we find no abuse of discretion in the court's conclusion appellant had not successfully completed her probation at that time.

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