People v. Banda
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Defendant was charged with cultivation of marijuana and sentenced to probation in accordance with a plea agreement. Subsequently, the electorate passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, which provided relief to certain persons previously convicted of marijuana related offenses. Defendant then filed a petition to dismiss or to reduce his conviction to a misdemeanor. The trial court denied dismissal and reduced the conviction to a misdemeanor.
The Court of Appeal reversed, holding that the people failed to meet their burden of proof that defendant was ineligible for relief where, even if the probation report were properly admitted, it contained no evidence establishing that defendant was ineligible for dismissal. Furthermore, the judicial notice augmenting the People's showing was improper and the People forfeited any argument that granting defendant's petition would pose an unreasonable risk.
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