Last updated: 4/2/2018
Order After Petition-Application (Prop 64) {CR003}
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Description
ATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): STATE BAR NO.: STATE: FAX NO.: ZIP CODE: FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA, COUNTY OF TEHAMA v. DEFENDANT: CASE NUMBER: ORDERAFTERPETITION/APPLICATION(HealthandSafetyCode,24711361.8)ADULT CRIME(S) FOR RESENTENCING OR DISMISSAL REDESIGNATION OR DISMISSAL/SEALING(H & S 247 11361.8(b) ) (H & S 247 11361.8(f) ) Date: Time: Department: FOR COURT USE ONLY From the petition/application filed in this matter, the records of the court, and any other evidence presented in this matter, the court finds as follows: 1. RESENTENCING GRANTED The petitioner is eligible for the requested relief. The petition is GRANTED. The court hereby recalls the sentence imposed on the designated crime(s) and enters the following additional orders: The following crime(s) is/are resentenced as (indicate crime(s)) misdemeanor(s) infraction(s): The following sentence is imposed for the commission of the crime(s): The petitioner is given credit for time served of (days): Petitioner is required to complete a period of supervision of months/days on parole post release community supervision mandatory supervision (P.C. 2471170(h) formal probation informal probation The court releases the petitioner from any form of post-conviction supervision. The court DISMISSES the following crime(s) for the reason that the conviction is legally invalid: other: 2. REDESIGNATION GRANTED The applicant is eligible for the requested relief. The application is GRANTED. The court hereby recalls the sentence imposed on the designated crime(s) and enters the following additional orders: The following crime(s) is/are redesignated as misdemeanor(s) infraction(s): (indicate crime(s)) . The court DISMISSES the following crime(s) for the reason that the conviction is legally invalid: (specify) Other: Page 1 of 2 CR003 226 Order After Petition/Application (Health and Safety Code, 11361.8) (11/16) ORDER AFTER PETITION/APPLICATION American LegalNet, Inc. www.FormsWorkFlow.com PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: 3. RESENTENCING/REDESIGNATION DENIED The petitioner/applicant is ineligible for the requested relief. The request for resentencing/redesignation/dismissal/sealing is DENIED as to crime(s): forthefollowingreasons:The petitioner/applicant was convicted of an offense that is not eligible for the requested relief. The petitioner's/applicant's age at the time the crime(s) was/were committed makes petitioner/applicant ineligible for the requested relief. The nature of the marijuana substance constituting the basis of the crime(s) makes petitioner/applicant ineligible for the requested relief. The quantity of the marijuana substance constituting the basis of the crime(s) makes petitioner/applicant ineligible for the requested relief. Although petitioner is eligible for relief, for reasons set forth on the record, the court finds that resentencing of petitioner would pose an unreasonable risk of danger to public safety. Other: 4. MISDEMEANOR/INFRACTION FOR ALL PURPOSES Any misdemeanor resentenced as an infraction as a result of this order shall thereafter be an infraction for all purposes. Any felony conviction resentenced as a result of this order as a misdemeanor or infraction shall be a misdemeanor or infraction for all purposes. 5. REGISTRATION The petitioner/applicant is relieved from the requirement to register as a narcotics offender under Health and Safety Code 24711590. 6. SEALING OF CONVICTION The court's record of conviction is ordered sealed. No access to the information shall be permitted without court order. IT IS SO ORDERED. Dated: JUDICIAL OFFICER ORDER AFTER PETITION/APPLICATION Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com