Last updated: 5/30/2015
Response For Resentencing-For Reduction To Misdemeanor {CM14060}
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Description
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) FOR COURT USE ONLY TELEPHONE NO: ATTORNEY FOR (NAME): FAX NO: SUPERIOR COURT OF CALIFORNIA COUNTY OF YUBA 215 FIFTH STREET SUITE 200 MARYSVILLE CA 95901 (530) 749-7600 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: RESPONSE FOR RESENTENCING (Pen. Code, § 1170.18(a)) FOR REDUCTION TO MISDEMEANOR (Pen. Code, § 1170.18(f)) INSTRUCTIONS CASE NUMBER: 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. DISTRICT ATTORNEY'S RESPONSE TO PETITION FOR Having received notice of petition on (date) A. RESENTENCING RESENTENCING REDUCTION TO MISDEMEANOR ___________ , the District Attorney responds as follows: The District Attorney as 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 section 1170.18. Petitioner has at least one prior conviction for an offense under Penal Code section 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code section 290(c). Petitioner poses an unreasonable risk of danger to public safety as defined in Penal Code section 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 section 1170.18. The petitioner has at least one prior conviction for an offense under Penal Code section 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code section 290(c). 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) Deputy District Attorney Form Adopted for Optional Use Yuba County Superior Court Effective 11/5/14 RESPONSE FOR RESENTENCING (Pen. Code, § 1170.18(a)) FOR REDUCTION TO MISDEMEANOR (Pen. Code, § 1170.18(f)) CM14060 American LegalNet, Inc. www.FormsWorkFlow.com