Prop 64 Criminal Order After Petition-Application

CRATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): STATE: FAX NO.: ZIP CODE: STATE BAR NO.: FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: ORDER AFTER PETITION/APPLICATION (Health and Safety Code, § 11361.8) ADULT CRIME(S) Date: FOR COURT USE ONLY Time: Department: FOR RESENTENCING OR DISMISSAL REDESIGNATION OR DISMISSAL/SEALING (H & S § 11361.8(b) ) (H & S § 11361.8(f) ) From the petition/application filed in this matter, the records of the court, and any other evidence presented in this matter, the court finds as follows: 1. RESENTENCING GRANTED The petitioner is eligible for the requested relief. The petition is GRANTED. The court hereby recalls the sentence imposed on the designated crime(s) and enters the following additional orders: The following crime(s) is/are resentenced as (indicate crime(s)) misdemeanor(s) infraction(s): The following sentence is imposed for the commission of the crime(s): The petitioner is given credit for time served of (days) : Petitioner is required to complete a period of supervision of parole months/days on mandatory supervision (P.C. §1170(h) post release community supervision informal probation formal probation The court releases the petitioner from any form of post-conviction supervision. The court DISMISSES the following crime(s) for the reason that the conviction is legally invalid: other : 2. REDESIGNATION GRANTED The applicant is eligible for the requested relief. The application is GRANTED. The court hereby recalls the sentence imposed on the designated crime(s) and enters the following additional orders: The following crime(s) is/are redesignated as misdemeanor(s) infraction(s): (indicate crime(s)) . The court DISMISSES the following crime(s) for the reason that the conviction is legally invalid: (specify) Other: Page 1 of 2 [November 2016] ORDER AFTER PETITION/APPLICATION Health and Safety Code §11361.8 American LegalNet, Inc. www.FormsWorkFlow.com CRPEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: 3. RESENTENCING/REDESIGNATION DENIED The petitioner/applicant is ineligible for the requested relief. The request for resentencing/redesignation/dismissal/sealing is DENIED as to crime(s): for the following reasons: The petitioner/applicant was convicted of an offense that is not eligible for the requested relief. The petitioner's/applicant's age at the time the crime(s) was/were committed makes petitioner/applicant ineligible for the requested relief. The nature of the marijuana substance constituting the basis of the crime(s) makes petitioner/applicant ineligible for the requested relief. The quantity of the marijuana substance constituting the basis of the crime(s) makes petitioner/applicant ineligible for the requested relief. Although petitioner is eligible for relief, for reasons set forth on the record, the court finds that resentencing of petitioner would pose an unreasonable risk of danger to public safety. Other : 4. MISDEMEANOR/INFRACTION FOR ALL PURPOSES Any misdemeanor resentenced as an infraction as a result of this order shall thereafter be an infraction for all purposes. Any felony conviction resentenced as a result of this order as a misdemeanor or infraction shall be a misdemeanor or infraction for all purposes. 5. REGISTRATION The petitioner/applicant is relieved from the requirement to register as a narcotics offender under Health and Safety Code §11590. 6. SEALING OF CONVICTION The court's record of conviction is ordered sealed. No access to the information shall be permitted without court order. IT IS SO ORDERED. Dated: JUDICIAL OFFICER [November 2016] ORDER AFTER PETITION/APPLICATION Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com