Petition For Resentencing Or Redesignation Of Offences (And District Attorney Response) {CR-6086}

ATTACHMENT CR-6086 ATTORNEY (Name, State Bar Number, and Address) (FOR COURT USE ONLY) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: CASE NUMBER: PETITION TO REDESIGNATE FELONY CONVICTION AS MISDEMEANOR (PC §1178.18(f)) PETITION FOR RESENTENCING (PC §1170.18(a)) 1. Defendant was convicted in this case of the following offenses that would have been misdemeanors if committed on or before November 5, 2014 (list all eligible counts and code sections) (Attach additional pages.) Defendant has no prior convictions for offenses that are listed in PC § 667(e)(2)(C)(iv) or that require registration under PC § 290(c). PETITION TO REDESIGNATE FELONY CONVICTION(S) AS MISDEMEANOR(S): a. b. c. Defendant has completed the sentence in this case (is not in custody or on probation, parole, PRCS, or mandatory supervision. Defendant hereby petitions to have the eligible felony conviction(s) designated as a misdemeanor(s). A hearing on this petition (check one): is not requested; is requested; is requested only if the petition is opposed. 2. 3. 4. PETITION TO RECALL FELONY SENTENCE AND RESENTENCE AS MISDEMEANOR(S): a. Defendant is in custody in this case at (facility) Defendant is currently b. on probation on mandatory supervision , and the release date is on parole / / ; or on PRCS , 20 Defendant hereby petitions to have the sentence recalled and to be resentenced on at 9:00 a.m. in Dept 31 at the Hall of Justice (requested date must be at least 35 days after petition is filed) 5. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief, and that this petition is executed on (date): , 20 . (Attorney for Defendant) 6. DISTRICT ATTORNEY RESPONSE (must be filed within 30 days of service of the petition) a. b. (1) The District Attorney requests that the petition be GRANTED The District Attorney requests that the petition be DENIED for the following reason(s): The defendant has a prior conviction under PC § 667(e)(2)(C)(iv) and/or a conviction requiring registration under PC § 290(c) (list convictions by docket # and code section) (COURT USE ONLY) (2) The following felony offenses do not qualify for resentencing or redesignation (list each count and code section and provide a brief explanation) (3) The defendant poses an unreasonable risk to public safety as defined in PC § 1170.18(c) I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief and that the response is executed on (date) Number of pages attached:_____ CR-6086 7/01/15 , 20 . D# Deputy / Assistant District Attorney Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com ATTORNEY PETITION FOR RESENTENCING or REDESIGNATION OF OFFENSES AND DISTRICT ATTORNEY RESPONSE (PC § 1170.18(a), (f))