Response (HS 11361.8) Adult Crime(s) {SUP CRT 1125}

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF KERN ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUP CRT 1125 FOR COURT USE ONLY Telephone Number: E-mail Address.: Attorney for (Name): PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: Fax No.: Date of Birth: RESPONSE (Health and Safety Code, § 11361.8) ADULT CRIME(S) FOR RESENTENCING OR DISMISSAL (H & S § 11361.8(b)) REDESIGNATION OR DISMISSAL/SEALING (H & S § 11361.8(f)) Petitioner must complete Petition and indicate whether a request is made for Resentencing or Dismissal or Redesignation or Dismissal/Sealing. 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. INSTRUCTIONS CASE NUMBER: DATE: TIME: DEPARTMENT: DISTRICT ATTORNEY'S RESPONSE TO PETITION/APPLICATION FOR: RESENTENCING OR DISMISSAL REDESIGNATION OR DISMISSAL/SEALING Having received notice of a petition/application dated A. , the District Attorney responds as follows: RESENTENCING OR DISMISSAL The District Attorney has no objection to this petition/application. Petitioner/applicant is entitled to the requested relief without a hearing. The District Attorney requests a hearing and objects to the granting of the petition/application because: Petitioner/applicant was not convicted of an eligible offense. Other : Petitioner is eligible for relief, but relief should be denied because petitioner presents an unreasonable risk of danger to public safety if he/she is resentenced. The District Attorney does not object to the petitioner's/applicant's eligibility for relief, but requests a hearing on the issue of resentencing. B. REDESIGNATION OR DISMISSAL/SEALING The District Attorney has no objection to this petition/application. Petitioner/applicant is entitled to the requested relief without a hearing. The District Attorney requests a hearing and objects to the granting of the petition/application because: Petitioner/applicant was not convicted of an eligible offense. Other: Petitioner is eligible for relief, but relief should be denied because petitioner presents an unreasonable risk of danger to public safety if he/she is resentenced. The District Attorney does not object to the petitioner's/applicant's eligibility for relief, but requests a hearing on the issue of resentencing. Date: Deputy District Attorney SUP CRT 1125 [January 2017] RESPONSE Health and Safety Code §11361.8 Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com