El Dorado — 11361.8 HS Adult Petition-Application

Source: https://www.eldorado.courts.ca.gov/system/files/113618-hs-adult-petition-application.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (name):

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: PETITION/APPLICATION, ADULT CRIME(S) DATE OF BIRTH (Health and Safety Code, § 11361.8) CASE NUMBER: RESENTENCING OR DISMISSAL REDESIGNATION OR DISMISSAL/SEALING (H & S § 11361.8(b) ) (H & S § 11361.8(f) )

INSTRUCTIONS

• If petitioner is currently serving a sentence for a qualified crime, please fill out sections 1 and 2. • If the applicant has completed the sentence for a qualified crime, please fill out sections 1 and 3. • Upon the filing of the petition/application, the petitioner/applicant is required to immediately serve the office of the prosecuti ng agency (the district attorney or city attorney, as appropriate) with a copy of the petition/application. It may be served per sonally or by mail; the signed Proof of Service, attached to this form, must be filed with the court. • The Court will send notice if a formal hearing on the Petition/Application will be scheduled.

1. CONVICTION INFORMATION 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 old 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.

2. REQUEST FOR RELIEF a. RESENTENCING/DISMISSAL

   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 APPEARANCE

Petitioner/applicant has 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.

Petitioner/applicant does not give up the right to appear; Petitioner requests that the matter be scheduled for hearing and Petitioner will personally appear.

Dated: ___________________________ ________________________________________________________ SIGNATURE OF PETITIONER / ATTORNEY

Eff. 11/2016 PETITION/APPLICATION Health and Safety Code section 11361.8 Local Form CR-146