Petition {Prop47-Petition}

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): FAX NO.: PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: DATE OF BIRTH: PETITION FOR RESENTENCING (Pen. Code, § 1170.18(a)) FOR REDUCTION TO MISDEMEANOR (Pen. Code, § 1170.18(f)) · Petitioner must complete Petition and indicate whether a request is made for Resentencing or Reduction to Misdemeanor. · Upon filing, petitioner is required to immediately provide notice by providing a copy of the Petition to the District Attorney. · The District Attorney is required to complete the Response, file with the court, and provide notice by providing a copy to the Petitioner. · If the petitioner is currently in County Jail or State Prison related to this case, District Attorney indicates the petitioner is ineligible, or if either the petitioner or District Attorney requests a hearing as provided below, the court will set a hearing and provide notice of the date, time, and location to the petitioner and District Attorney. INSTRUCTIONS CASE NUMBER: PETITIONER/CONVICTION INFORMATION On , Petitioner, the defendant in the above-entitled criminal action, was convicted of the following felony offenses that have now been reclassified as misdemeanors (specify code(s) and section(s)): and was sentenced to (specify sentence imposed): Petitioner has no prior convictions for offenses under Penal Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code § 290(c). Petitioner does not pose an unreasonable risk of danger to public safety as defined in Penal Code § 1170.18(c). 1. RESENTENCING Petitioner is currently serving the above sentence. Petitioner requests that the felony sentence be recalled and that Petitioner be resentenced to a misdemeanor under Penal Code § 1170.18(b), (d). Petitioner is currently being held in County Jail or State Prison (court will set a hearing). 2. REDUCTION TO MISDEMEANOR Petitioner has completed the above sentence. Petitioner requests that the eligible felony convictions listed above be reduced to misdemeanors under Penal Code § 1170.18(f), (g). Although a hearing is not necessary, I request a hearing for this determination. (check only if you want a hearing for this determination) I declare under penalty of perjury and to the best of my information and belief that the foregoing is true and correct. Executed on: (DATE) (SIGNATURE OF PETITIONER OR ATTORNEY) (ADDRESS, PETITIONER) (CITY) (STATE) (ZIP CODE) Form Adopted for Optional Use Superior Court of California, County of San Joaquin Form No. - Prop47-Petition Effective 11-05-2014 www.sjcourts.org American LegalNet, Inc. www.FormsWorkFlow.com