What is the burden of proving eligibility for sentencing?
California, United States of America
The following excerpt is from People v. Bingham, E064784 (Cal. App. 2016):
petition as to count 1 because defendant did not meet his burden of proving eligibility for sentencing. We agree. (People v. Sherow (2015) 239 Cal.App.4th 875, 878, 880.)
"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 habitual offender has not been sentenced to a life sentence? (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)
What is the "considerable burden" of a defendant to prove his sentence is disproportionate to his level of culpability? (California, United States of America)
When a defendant pleads and proves that he meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a)(1) of the California Criminal Code, what is the applicable sentence? (California, United States of America)
What is the test for determining whether the prosecution sustained its burden of proving the elements of a sentence enhancement beyond a reasonable doubt? (California, United States of America)
Does a person who remains in custody prior to sentencing receive credit against their prison sentence for all those days spent in custody before sentencing? (California, United States of America)
What is the burden of proving eligibility for resentencing? (California, United States of America)
What is the burden of proving delay and disruption to sentencing? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
