Merced — MSC-CR-001 — verbatim text

Merced — MSC-CR-001¶

Source: https://www.merced.courts.ca.gov/system/files/forms-and-filings/msc-cr-001-petition-cannabis-conviction-resentencing-and-order-ada-comp.pdf

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MSC-CR-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): MERCED COUNTY SUPERIOR COURT 2260 “N” Street, Merced, CA 95340 1159 “G” Street, Los Banos, CA 93635 CRIMINAL DIVISION PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA

DEFENDANT CDCR NUMBER: JAIL ID NUMBER: DATE OF BIRTH: PETITION CANNABIS CONVICTION RESENTENCING AND ORDER CASE NUMBER Health and Safety Code § 11361.9 NO OBJECTION TO RELIEF OBJECTION TO RELIEF (H&S §§ 11361.8(b) / 11361.8(f))

CONVICTION INFORMATION:

CONVICTION A: On (date) _________________, the defendant in the above-entitled criminal action was convicted of Health and Safety Code section 11357 11358 11359 11360, which has been reclassified under Proposition 64.

When committing the conduct resulting in the conviction the defendant was: 18 to 20 years of age; 21 years old or older. Defendant’s date of birth: _________________

The nature of the substance which resulted in the conviction was:
Marijuana not in the form of concentrated cannabis; Concentrated cannabis; Marijuana plants;
Other: ___________________________________________________________________________.

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) _________________, the defendant in the above-entitled criminal action was convicted of Health and Safety Code section 11357 11358 11359 11360, which has been reclassified under Proposition 64.

When committing the conduct resulting in the conviction the defendant was: 18 to 20 years of age; 21 years old or older. Defendant’s date of birth: _________________

For Optional Use PETITION FOR CANNABIS CONVICTION Page 1 of 2 MSC-CR-001 [Eff. July 1, 2020] RESENTENCING AND ORDER Health & Safety Code § 11361.9

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MSC-CR-001 CASE NAME: CASE NUMBER People v.

THE DISTRICT ATTORNEY HAS NO OBJECTION TO THE RELIEF INDICATED BELOW:

a. RESENTENCING/DISMISSAL Defendant is currently serving the sentence for the crime noted above, and is eligible for the sentence be recalled and that he/she be resentenced or the charge be dismissed as required by law. Other: ____________________________________________________________________

b. REDESIGNATION/DISMISSAL/SEALING Defendant has completed the sentence for the crime noted above, and is eligible for the sentence be recalled and the conviction be redesignated or dismissed. If the conviction is dismissed, the court’s record of conviction should be sealed. Other: _____________________________________________________________________.
THE DISTRICT ATTORNEY OBJECTS TO THE GRANTING OF RELIEF BECAUSE:

Defendant was not convicted of an eligible offense.

Other: ________________________________________________________________________.

Defendant is eligible for relief, but relief should be denied because petitioner presents unreasonable
risk of danger to public safety if he/she is resentenced.

SIGN

(DATE) (SIGNATURE OF DEPUTY DISTRICT ATTORNEY)

ORDER

___The petition is hereby GRANTED.

___The petition is hereby calendared on _______________ at _______AM/PM in Courtroom ____ .

Date ______________ ______________________________________ JUDICIAL OFFICER

For Optional Use PETITION FOR CANNABIS CONVICTION Page 2 of 2 MSC-CR-001 [Eff. July 1, 2020] RESENTENCING AND ORDER Health & Safety Code § 11361.9

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