Order On Defendants Petition For Resentencing Pursuant To 15-22-54.1 {CR-63B}

State of Alabama Unified Judicial System Form CR-63B Rev.5/2010 Order on Defendant's Petition for Resentencing Pursuant to §15-22-54.1/Act 2010-753 (Technical Violation of Probation) Case Number ___C 20____-_________.1 In the ______________________________ Court of __________________________________________, Alabama (Circuit or District) (Name of County) State of Alabama v. ________________________________________________________, Defendant. WHEREAS, the above-named defendant has petitioned this Court for resentencing under Act 2010-753 codified at §15-22-54.1, Code of Alabama (1975), and said law entitles eligible offenders to be resentenced upon filing of a petition for modification of sentence to the sentencing court; and whereas the Court has received and reviewed the petition of the defendant, the Court finds that (check one): This Court has jurisdiction pursuant to §15-22-54.1, Code of Alabama (1975). The petitioner meets all of the following criteria required by the statute: 1. The petitioner is nonviolent offender; 2. The petitioner was sentenced by this Court; 3. The petitioner had successfully completed the terms of probation, including remaining current on payment of court ordered money, for a consecutive six (6) month period; 4. Probation was thereafter revoked, and the petitioner is currently serving a prison sentence based on revocation of probation; 5. The revocation of probation was based on only technical violations; 6. The petitioner has had no disciplinary infractions while serving the sentence in the penitentiary; and 7. The petitioner has no pending charges or convictions for a new offense. Thus, the petition is granted and the petitioner is entitled to be resentenced. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ This Court does not have jurisdiction pursuant to §15-22-54.1, Code of Alabama (1975). The petitioner does not meet one or any of the following eligibility requirements required by the statute (check all that apply): [] [] [] [ [ [ [ [ ] ] ] ] ] The petitioner has been convicted of a violent offense; The petitioner was not sentenced by this Court; The petitioner had not successfully completed the terms of probation for a consecutive six (6) month period under the current sentence; The petitioner has not remained current on payment of court ordered money; The petitioner is currently serving a prison sentence based on a reason other than revocation of probation; The revocation of probation was based on violations other than technical violations; The petitioner has had disciplinary infractions while serving the sentence in the penitentiary; or The petitioner has pending charges or convictions for a new offense. Thus, the petition is denied. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ DONE AND ORDERED on this the _______ day of ________________________, 20____. _____________________________________________ Circuit/District Judge American LegalNet, Inc. www.FormsWorkFlow.com