Response {Pro47-Response}

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: RESPONSE FOR RESENTENCING (Pen. Code, § 1170.18(a)) FOR REDUCTION TO MISDEMEANOR (Pen. Code, § 1170.18(f)) INSTRUCTIONS · 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. CASE NUMBER: DISTRICT ATTORNEY'S RESPONSE TO PETITION FOR RECENTENCING REDUCTION TO MISDEMEANOR Having received notice of a petition dated __________________, the District Attorney responds as follows: A. RESENTENCING The District Attorney has no objection to this petition. Petitioner is entitled to the requested relief. A hearing is requested on the resentencing. Petitioner is not eligible for the requested relief because (select all that apply): The specified offenses are not eligible under Penal Code § 1170.18. Petitioner has at least one prior conviction for an offense under Penal Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code § 290(c). Petitioner poses an unreasonable risk of danger to public safety as defined in Penal Code § 1170.18(c). B. REDUCTION TO MISDEMEANOR The District Attorney has no objection to this petition. Petitioner is entitled to the requested relief. The petitioner is not eligible for the requested relief because: The specified offenses are not eligible under Penal Code § 1170.18. The petitioner has at least one prior conviction for an offense under Penal Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code § 290(c). Date: _ ______________________ _____________________________________ Deputy District Attorney Form Adopted for Optional Use Superior Court of California, County of San Joaquin Form No. - Prop47-Response Effective 11-05-2014 www.sjcourts.org American LegalNet, Inc. www.FormsWorkFlow.com