California Court of Appeal

Denial of petition for resentencing under Penal Code section 1170.126, enacted by Proposition 36, the Three Strikes Reform Act of 2012, is affirmed over defendant's claim that the burden of proof in ruling on an application for recall under Proposition 36 is with the prosecution, and that burden is proof beyond a reasonable doubt, where preponderance is the general standard under California law and a higher standard, let alone proof beyond a reasonable doubt, the highest standard possible, is not constitutionally required.

Appellate Information

• Published 2016/07/20

Judges

• EPSTEIN

Court

• California Court of Appeal

Counsel