P. v. Valdovinos
This case presents the following question: When a defendant petitions to have a prior felony conviction redesignated as a misdemeanor (Pen. Code, § 1170.18, subd. (f)),[1] who bears the burden of proof as to whether the crime in question “would have been … a misdemeanor” (ibid.) if Proposition 47 had been in effect at the time? We conclude the petitioning defendant bears the burden of proof on that issue. (See Evid. Code, § 500.)
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