Petition-Application (Health And Safety Code 11361.8) {RI-CR057}

SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE BANNING 135 N. Alessandro Rd., Banning, CA 92220 BLYTHE 265 N. Broadway, Blythe, CA 92225 INDIO 46-200 Oasis St., Indio, CA 92201 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) MURRIETA 30755-D Auld Rd., Ste. 1226, Murrieta, CA 92563 RIVERSIDE 4100 Main St., Riverside, CA 92501 RI-CR057 FOR COURT USE ONLY TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: PETITION/APPLICATION (Health and Safety Code, § 11361.8) FOR RESENTENCING OR DISMISSAL (HEALTH & SAFETY CODE § 11361.8(b) ) 1. FOR REDESIGNATION OR DISMISSAL/SEALING (HEALTH & SAFETY CODE § 11361.8(f) ) CONVICTION INFORMATION CONVICTION A: On (date) , Petitioner/Applicant, the defendant in the above-entitled criminal action was convicted of the following Health and Safety Code section 11357 11358 11359 11360, which has been reclassified under Proposition 64. Petitioner/Applicant further states that when committing the conduct resulting in the conviction he/she was: 18 to 20 years of age; 21 years of age or older. Date of birth: Petitioner/Applicant further states that the nature of the substance which resulted in the conviction was: marijuana not in the form of concentrated cannabis; concentrated cannabis; marijuana plants; other: Petitioner/Applicant further states that the quantity of the substance which resulted in the conviction was: not more than 28.5 grams of marijuana not in the form of concentrated cannabis; not more than 4 grams of marijuana in the form of concentrated cannabis; not more than 8 grams of marijuana in the form of concentrated cannabis; not more than 6 marijuana plants. CONVICTION B: On (date) , Petitioner/Applicant, the defendant in the above-entitled criminal action was convicted of the following Health and Safety Code section 11357 11358 11359 11360, which has been reclassified under Proposition 64. Petitioner/Applicant further states that when committing the conduct resulting in the conviction he/she was: 18 to 20 years of age; 21 years of age or older. Date of birth: Petitioner/Applicant further states that the nature of the substance which resulted in the conviction was: marijuana not in the form of concentrated cannabis; concentrated cannabis; marijuana plants; other: Petitioner/Applicant further states that the quantity of the substance which resulted in the conviction was: not more than 28.5 grams of marijuana not in the form of concentrated cannabis; not more than 4 grams of marijuana in the form of concentrated cannabis; not more than 8 grams of marijuana in the form of concentrated cannabis; not more than 6 marijuana plants. Approved for Optional Use Riverside Superior Court Form RI-CR057 [Rev. 11/17/16] PETITION/APPLICATION (Health and Safety Code, § 11361.8) Health & Safety Code § 11361.8 riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 3 DEFENDANT: CASE NUMBER: 2. REQUEST FOR RELIEF RESENTENCING/DISMISSAL a. Petitioner is currently serving the sentence for the crime noted above, and requests the sentence be recalled and that he/she be resentenced or the charge be dismissed as required by law. Other: b. REDESIGNATION/DISMISSAL/SEALING Applicant has completed the sentence for the crime noted above, and requests the sentence be recalled and the conviction be redesignated or dismissed. If the conviction is dismissed, applicant requests the court's record of conviction be sealed. Other: 3. WAIVER OF HEARING BY ORIGINAL SENTENCING JUDGE Petitioner/applicant waives the right to have this matter heard by the original sentencing judge. The Presiding Judge of the court may designate any judge to rule on this matter. 4. WAIVER OF APPEARANCE Petitioner/applicant understands there is a right to personally attend any hearing held in this matter. Petitioner/applicant gives up that right; the matter may be heard without his/her appearance. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PETITTIONER/APPLICANT OR ATTORNEY) Approved for Optional Use Riverside Superior Court Form RI-CR057 [Rev.11/17/16] PETITION/APPLICATION (Health and Safety Code, § 11361.8) Health & Safety Code § 11361.8 riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 3 DEFENDANT: CASE NUMBER: PROOF OF SERVICE Personal Service 1. Service by Mail Person serving: I am over the age of 18 and not a party to this action. Name: Address: Telephone: 2. I served a copy of the Petition/Application (Health and Safety Code, § 11361.8) as follows (check one): a. Personal Service: I personally delivered the Petition/Application for Resentencing or Reduction to Infraction to the person at the address listed below: (1) Name of person served: (2) Address where served: (3) Date served: (4) Time served: b. a.m. p.m. Service by Mail: I deposited the Petition/Application (Health and Safety Code, § 11361.8) in the United States mail, in a sealed envelope with first class postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: (2) Address: (3) Date of mailing: (4) Place of Mailing (city and state): I declare to the best of my information and belief that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) Approved for Optional Use Riverside Superior Court Form RI-CR057 [Rev. 11/17/16] PETITION/APPLICATION (Health and Safety Code, § 11361.8) Health & Safety Code § 11361.8 riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 3