What is the test for resuming a sentence for a minor crime for failing to provide the appropriate information on the value of a property?

California, United States of America


The following excerpt is from People v. Seberry, E062849 (Cal. App. 2016):

Here, defendant's petition gave the trial court no information on the value of the property. He has thus failed to show his eligibility for resentencing. (People v. Rivas-Colon, supra, 241 Cal.App.4th at pp. 449-450; 1170.18, subd. (b) ["the court shall determine whether the petitioner satisfies the criteria in subdivision (a)"] & subd. (g) [court must designate the offense as a misdemeanor "[i]f the application satisfies the criteria"]; Evid. Code, 500 ["a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief . . . that he is asserting"].) As such, the court properly denied defendant's resentencing petition.5

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