P. v. Collins CA2/5
In 2003, a jury convicted defendant and appellant Battise Collins (defendant) of three counts of inflicting corporal injury to a spouse, and one count of false imprisonment (§ 236). Defendant was sentenced to an indeterminate life term under the three strikes law. After voter approval of Proposition 36 in 2012, defendant petitioned to have his sentence recalled pursuant to section 1170.126. The trial court denied the petition following a hearing, finding by a preponderance of the evidence that defendant’s conduct demonstrated an intent to cause great bodily injury.
Defendant appealed, contending the trial court improperly applied the preponderance of the evidence standard of proof to find him ineligible for resentencing. When we decided defendant’s appeal, the Courts of Appeal were in conflict as to the appropriate burden of proof.
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