District Attorneys Response {CR-114}

Dean D. Flippo, District Attorney County of Monterey 230 Church Street, Buildings 2 & 3 Salinas, CA 93901 By: TELEPHONE NO.: STATE BAR NUMBER: E-MAIL ADDRESS: FAX NO.: (COURT USE ONLY) PEOPLE OF THE STATE OF CALIFORNIA v. : DATE OF BIRTH: SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY 240 CHURCH STREET, SALINAS, CA 93901 DISTRICT ATTORNEY'S RESPONSE FOR PETITION FOR RECALL OF SENTENCE AND RESENTENCING OR APPLICATION TO HAVE FELONY CONVICTION DESIGNATED AS MISDEMEANOR (Penal Code § 1170.18(f)) SUPERIOR COURT CASE NUMBER (COURT USE ONLY) DATE: TIME: DEPARTMENT: Having received notice of the petition/application, the District Attorney responds as follows: The District Attorney has no objection to this petition/application. Defendant is entitled to the requested relief. Defendant is not eligible for the requested relief because (select all that apply): The specified offense(s) is not eligible pursuant to Penal Code § 1170.18(a). The value of the property/instrument exceeds $950. Defendant was convicted of both forgery and identity theft within the meaning of Penal Code § 473(b). Defendant was convicted of violating Penal Code § 476a. Defendant was previously convicted of three or more violations of Penal Code §§ 470, 475, 476, 476a or of the crime of petty theft in a case in which Defendant's offense was also a violation of Penal Code §§ 470, 475, 476, or 476a. (Penal Code § 476a(b)) Defendant was convicted of violating Penal Code §§ 666/484. Defendant was previously convicted of an offense pursuant to Penal Code §§ 368 (d) or (e). Defendant has at least one prior conviction for an offense pursuant to Penal Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code § 290(c). Defendant would pose an unreasonable risk of danger to public safety pursuant to Penal Code §§ 1170.18(b) and (c). A hearing is requested. Other: _____________________________________________________________________________________ Disqualifying information: _________________________________________________________________________ _______________________________________________________________________________________________ A hearing is requested as to the following issues: _________________________________________________________ ________________________________________________________________________________________________ Date: ________________________ Deputy District Attorney: ________________________________________________ Form Approved for Mandatory Use CR ­ 114 Rev. December 18, 2014 RESPONSE TO PETITION PURSUANT TO PENAL CODE § 1170.18 (CRIMINAL) Monterey County Superior Court American LegalNet, Inc. www.FormsWorkFlow.com