Placer — Prop. 64 Petition

Source: https://www.placer.courts.ca.gov/sites/default/files/pl-cr006-prop-64-petition.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF PLACER

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): PEOPLE OF THE STATE OF CALIFORNIA CDCR NUMBER: vs. JAIL ID NUMBER: DEFENDANT: DATE OF BIRTH: PETITION/APPLICATION (Health and Safety Code, § 11361.8) ADULT CRIME(S) FOR RESENTENCING OR DISMISSAL REDESIGNATION OR DISMISSAL/SEALING (H&S § 11361.8(b ) (H&S § 11361.8(f)) INSTRUCTIONS Before filing this form, petitioner/applicant should consult local court rules and court staff to CASE NUMBER: determine if a formal hearing on the petition/application will be scheduled. If petitioner is currently serving a sentence for a qualified crime, please fill out sections 1 and 2. DATE: If the applicant has completed the sentence for a qualified crime, please fill out sections 1 and 3. Complete section 4 as necessary. TIME: Upon the filing of the petition/application, the petitioner/applicant must provide a copy of the petition/application to the office of the prosecuting agency (the district attorney, attorney general or DEPARTMENT: city attorney, as appropriate).

1. 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 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.

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 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.

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Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Health and Safety Code §11361.8 Form No. PL-CR006 Page 1 of 2 Effective 12-09-2016

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF PLACER

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:

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 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 request may be granted or denied without a hearing or may be heard without his/her appearance.

I declare under penalty of perjury and to the best of my information and belief that the foregoing is true and correct.

Executed on: • (DATE) (SIGNATURE OF PETITIONER OR ATTORNEY)

(ADDRESS, PETITIONER) (CITY) (STATE) (ZIP CODE)

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Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Health and Safety Code §11361.8 Form No. PL-CR006 Page 2 of 2 Effective 12-09-2016