Petition For Recalling Of Sentence And Resentencing {CR-113}

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar No., and Address): (COURT USE ONLY) TELEPHONE NO.: ATTORNEY FOR (Name): E-MAIL ADDRESS: FAX NO.: PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: DATE OF BIRTH: SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY 240 CHURCH STREET, SALINAS, CA 93901 PETITION FOR RECALL OF SENTENCE AND RESENTENCING (Penal Code § 1170.18(a)) APPLICATION TO HAVE FELONY CONVICTION DESIGNATED AS MISDEMEANOR (Penal Code § 1170.18(f)) SUPERIOR COURT CASE NUMBER (COURT USE ONLY) DATE: TIME: DEPARTMENT: PETITION/APPLICATION AND CONVICTION INFORMATION TO BE COMPLETED BY PETITIONER/APPLICANT: On (date) ____________________, the defendant in the above entitled criminal action, was convicted of the following felony offenses that have now been reclassified as misdemeanors (specify code and section(s)): __________________________ and was sentenced to (specify sentence imposed): Prison Jail 1170(h) Other ________________________ _______________________________________________________________________________________________________________________________ The offense(s) listed above is an eligible offense pursuant to Penal Code § 1170.18(a). Petitioner/Applicant has no prior convictions for offenses pursuant to Penal Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code § 290(c). A. RESENTENCING (In custody or currently supervised by Probation or Parole) Petitioner is currently serving the above sentence. Petitioner requests that the felony sentence be recalled and that Petitioner be resentenced to a misdemeanor pursuant to Penal Code §§ 1170.18(b) and (d). B. DESIGNATED AS MISDEMEANOR (Completed custody AND no longer supervised by Probation or Parole) Applicant has completed the above sentence. Applicant requests that the eligible felony convictions listed above be designated misdemeanors pursuant to Penal Code § § 1170.18(f) and (g). [ UNLESS REQUESTED BELOW: I agree to have a misdemeanor sentence imposed without my presence in Court. I waive any rights I may have to have the original sentencing judge hear this petition/application, and agree this petition/application may be heard by the Presiding Judge or his/her designee. Request: ________________________________________________________________________________ I understand resentencing of a felony offense to a misdemeanor shall not permit Petitioner/Applicant to own, possess, or have in his or her custody or control any firearm or ammunition as prohibited by Penal Code § 29800 et. seq. (Penal Code § 1170.18 (k)) 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/APPLICANT OR ATTORNEY Form Approved for Mandatory Use CR ­ 113 Rev. December 18, 2014 PETITION PURSUANT TO PENAL CODE § 1170.18 (CRIMINAL) Monterey County Superior Court American LegalNet, Inc. www.FormsWorkFlow.com