Order After Petition-Application {LF-CRM-115}

Name: Address: City: State: Zip Code: Telephone: Attorney for/Pro Per: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHASTA MAILING ADDRESS: 1500 Court Street, Room 219 STREET ADDRESS: 1500 Court Street, Room 219 CITY AND ZIP CODE: Redding, CA 96001 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: FOR COURT USE ONLY ORDER AFTER PETITION/APPLICATION (H&S 11361.8) FOR RESENTENCING OR DISMISSAL (H&S § 11361.8(b)) REDESIGNATION OR DISMISSAL/SEALING (H&S § 11361.8(f) Case Number: Date/Time/Dept.: COURT ORDER 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 and enters the following additional orders: The following crime is resentenced as a misdemeanor infraction: (indicate count/crime___________________ The following sentence is imposed for the commission of the crime: ________________________________________ _______________________________________________________________________________________________ The petitioner is given credit for time served of (days): _________ Petitioner is required to complete a period of supervision of ________ months/days on parole post release community supervision mandatory supervision (P.C. §1170(h)) formal probation informal probation The Court releases the petitioner from any form of post-conviction supervision. The Court DISMISSES count ____ for the reason that the conviction is legally invalid: __________________________ Other:___________________________________________________________________________________________ 2. REDESIGNATION GRANTED The petitioner/applicant is eligible for the requested relief. The application is GRANTED. The Court hereby recalls the Sentence imposed on the designated crime and enters the following additional orders: The following crime is redesignated a misdemeanor infraction: (indicate count/crime) ______________________ The Court DISMISSES count ___ for the reason that the conviction is legally invalid: (specify) __________________________________________________________________________________________ Other: ____________________________________________________________________________________________ 3. RESENTENCING/REDESIGNATION DENIED The petitioner/applicant is ineligible for the requested relief. The request for resentencing/redesignation/dismissal/sealing is DENIED 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 was committed makes petitioner/applicant ineligible for the requested relief. The nature of the marijuana substance constituting the basis of the crime makes petitioner/applicant ineligible for the requested relief. The quantity of the marijuana substance constituting the basis of the crime makes petitioner/applicant ineligible for the requested relief. Although petitioner/applicant is eligible for relief for reasons set forth on the record, the Court finds that resentencing of petitioner/applicant would pose an unreasonable risk of danger to public safety. Other: ______________________________________________________________________________________ _____________________________________________________________________________________ Form Approved for Optional Use Shasta County Superior Court LF-CRM-115 [new Dec. 21, 2016] ORDER AFTER PETITION/APPLICATION H&S 11361.8 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT Case Number: 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 & Safety §11590. 6. SEALING OF CONVICTION The Court's record of conviction is ordered sealed. No access to the information shall be permitted without a Court order. IT IS SO ORDERED. Dated: _____________________ ____________________________________ JUDGE OF THE SUPERIOR COURT _____________________________________________________________________________________ Form Approved for Optional Use Shasta County Superior Court LF-CRM-115 [new Dec. 21, 2016] ORDER AFTER PETITION/APPLICATION H&S 11361.8 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com