Solano — Petition for Dismissal pursuant to PC 1203.4/1203.4a

Source: https://solano.courts.ca.gov/system/files/cr180.pdf

CR-180 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: DATE OF BIRTH: CASE NUMBER:

PETITION FOR DISMISSAL FOR COURT USE ONLY
(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.43, 1203.49) DATE: TIME:
DEPARTMENT:

1. On (date): , the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the following offenses or was granted deferred entry or judgment for the following offenses:

   Code Section Type of offense(felony, Eligible for reduction to Eligible for reduction to
   misdemeanor, or infraction): misdemeanor under Penal infraction under Penal Code,
   Code, § 17(b) (yes or no) § 17(d)(2) (yes or no)

   If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025).

2. Felony or misdemeanor with probation granted (Pen. Code, § 1203.4)

   Probation was granted on the terms and conditions stated in the docket of the above-entitled court; the petitioner is not serving a sentence for any offense, nor on probation for any offense, nor under charge of commission of any crime, and the petitioner (check all that apply): a. has fulfilled the conditions of probation for the entire period thereof. b. has been discharged from probation prior to the termination of the period thereof. c. should be granted relief in the interests of justice. (Please note: You must explain why granting a dismissal would be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents.)

3. Misdemeanor or infraction with sentence other than probation (Pen. Code, § 1203.4a)

   Probation was not granted; more than one year has elapsed since the date of pronouncement of judgment. Petitioner has complied with the sentence of the court and is not serving a sentence for any offense or under charge of commission of any crime; and the petitioner (check one): a. has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of the land. b. should be granted relief in the interests of justice. (Please note: You must explain why granting a dismissal would be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents.)

Form Approved for Optional Use PETITION FOR DISMISSAL 1203.4, 1203.4a,Penal1203.41,1203.43Code, §§ 17(b),and 17(d)(2),1203.49Judicial Council of California CR-180 [Rev. January 1, 2017] www.courts.ca.gov

CR-180 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:

4. Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49)

   a. Petitioner has completed a term of probation for a conviction under Penal Code section 647(b). b. Petitioner should be granted relief because the petitioner can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking. (Please note: You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents to establish that the conviction was the result of your status as a victim of human trafficking.)

5. Felony county jail sentence under Penal Code section 1170(h)(5) (Pen. Code, § 1203.41)

   Petitioner is not under supervision under Penal Code section 1170(h)(5)(B) and is not serving a sentence for, on probation for, or charged with the commission of any offense, and should be granted relief in the interests of justice, and (check one): a. more than one year has elapsed since petitioner completed the felony county jail sentence with a period of mandatory supervision imposed under Penal Code section 1170(h)(5)(B); or b. more than two years have elapsed since petitioner completed the felony county jail sentence without a period of mandatory supervision imposed under Penal Code section 1170(h)(5)(A). (Please note: You must explain why granting a dismissal would be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit other relevant documents.)

6. Deferred entry of judgment (Pen. Code, § 1203.43)
   Petitioner performed satisfactorily during the period in which deferred entry of judgment was granted. The criminal charge(s)
   were dismissed under Penal Code section 1000.3 on (date): .Furthermore (check one)

   a. court records are available showing the case resolution. b. petitioner declares under penalty of perjury that the charges were dismissed after he or she completed the requirements for deferred entry of judgment. Petitioner (check one) has has not attached a copy of his or her state summary criminal history information.

7. Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17 (b) and eligible misdemeanor offenses be reduced to infractions under Penal Code section 17(d)(2).

8. Petitioner requests that he or she be permitted to withdraw the plea of guilty or nolo contendere, or that the verdict or finding of guilt be set aside and a plea of not guilty be entered and the court dismiss this action under section (check one)

   1203.4 1203.4a 1203.41 1203.43 1203.49 of the Penal Code.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: u (SIGNATURE OF PETITIONER OR ATTORNEY)

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

CR-180 [Rev. January 1, 2017] PETITION FOR DISMISSAL Page 2 of 2

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