San Luis Obispo — Motion to Reduce Felony to Misdemeanor (Probation)

Source: https://www.slo.courts.ca.gov/documents/san-luis-obispo/Motion_to_Reduce_Felony_to_Misdemeanor_Probation.pdf

Sparse pages use OCR; original PDF remains authoritative.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN LUIS OBISPO THE PEOPLE OF THE STATE OF CALIFORNIA COURT #: vs. COURT DATE: / /20___ TIME: : _m DEFENDANT DEPT: Attorney: MOTION TO REDUCE FELONY TO MISDEMEANOR AND MODIFY PROBATION & ORDER THEREON Judge Granting Probation: Penal Code § 1170.18 Dates and period of Probation: Address of Petitioner: Start: / / End: / / PETITIONER/CONVICTION INFORMATION: On / / Petitioner, the defendant in the above- entitled criminal action, was convicted of the following felony offense(s) that qualifies for relief pursuant to Penal Code § 1170.18 (list count number and crime of conviction): and was placed on probation. Petitioner was ordered to serve in county jail, of which Petitioner has served Petitioner has no prior convictions under Penal Code § 667(e)(2)(C)(iv), or for any offense requiring registration pursuant to Penal Code § 290(c). If the petition is for a felony Penal Code § 666 conviction: Petitioner has no prior conviction for Penal Code § 368(d) or (e). oPetitioner requests that the eligible felony conviction(s) listed above be reduced to misdemeanors and that probation be modified. Petitioner understands a reduction to a misdemeanor would not entitle Petitioner to own, possess, or have in his/her custody any firearm. I declare under penalty of perjury and to the best of my information and belief that the foregoing is true and correct. Executed this. day of. 20. PETITIONER OR ATTORNEY RESPONSE OF DISTRICT ATTORNEY: oThe District Attorney has no objection to this petition. oThe District Attorney requests probation terms be modified as follows: Petitioner is not eligible for the requested relief because: Ospecified offense is not eligible under Penal Code § 1170.18; oPetitioner has at least one prior conviction which precludes relief under Penal Code § 1170.18; Petitioner poses an unreasonable risk of danger to public safety. DATED: / /20 DEPUTY DISTRICT ATTORNEY COURT ORDER: oThe Petition is denied. Reason(s): oThe Petition is granted and the following convictions are ordered designated as misdemeanors: oFormal probation is reinstated under the same terms and conditions oFormal probation is converted to informal Court probation under the same terms and conditions aProbation is terminated oOther: oThe matter is ordered set for hearing or resentencing on / /20. at 8:30a.m. in Department Resentencing does not permit a person to own, possess, or have in his/her custody or control any firearm. Penal Code § 1170.18(k). DATED: / /20 JUDGE OF THE SUPERIOR COURT Rev. November 14, 2014 1170.18 Probation