Prop 47 Petition (For Resentencing Or For Reduction To Misdemeanor) {502}

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF KERN 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: PETITION 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 matter will be heard on date noticed. CASE NUMBER: DATE: (Minimum of 25 court days after service) TIME: 8:30 a.m. DEPARTMENT: PETITIONER/CONVICTION INFORMATION On (date) ____________, Petitioner, the defendant in the above-entitled criminal action, was convicted of the following felony offenses that have now been reclassified as misdemeanors (specify code(s) and section(s):____________________________________________ and was sentenced to (specify sentence imposed): ____________________________________________________________________ Petitioner has no prior convictions for offenses under Penal Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code § 290(c). Petitioner does not pose an unreasonable risk of danger to public safety as defined in Penal Code § 1170.18(c). 1. RESENTENCING Petitioner is currently serving the above sentence. Petitioner requests that the felony sentence be recalled and that Petitioner be resentenced to a misdemeanor under Penal Code § 1170.18(b), (d). Petitioner is currently being held in County Jail or State Prison Petitioner waives appearance for resentencing. 2. REDUCTION TO MISDEMEANOR Petitioner has completed the above sentence. Petitioner requests that the eligible felony convictions listed above be reduced to misdemeanors under Penal Code § 1170.18(f), (g). Although a hearing is not necessary, I request a hearing for this determination. (check only if you want a hearing for this determination otherwise the court will review and rule on your petition) 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 OR ATTORNEY) (ADDRESS, PETITIONER) (CITY) (STATE) (ZIP CODE) Please include Petition for Resentencing/Reduction Order to this Petition Form Adopted for Optional Use Superior Court of California, County of Kern Form No. 502 Effective 01/08/2016 American LegalNet, Inc. www.FormsWorkFlow.com