Merced — MC-P47-5

Source: https://www.merced.courts.ca.gov/system/files/forms-and-filings/mc-p47-5-waiver-stipulation-and-order-resentencing-ada-comp.pdf

MC-P47-5 Attorney or Party without Attorney (Name, State Bar number, Address): (COURT USE ONLY)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Street Address: 2260 N Street, Merced, CA 95340 Mailing Address: 627 W. 21 st Street, Merced, CA 95340 PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA

DEFENDANT Date of Birth:

CASE NUMBER

WAIVER, STIPULATION and ORDER FOR RESENTENCING (Penal Code §1170.18(a))

THE DISTRICT ATTORNEY AND DEFENDANT, HAVING REVIEWED THE DEFENDANT'S ENTIRE CRIMINAL HISTORY RECORD AND RECORD OF THE CURRENT CONVICTION, HEREBY STIPULATE AND AGREE:

1. Any right to have the petition for resentencing decided by the original sentencing court is waived.

2. Defendant is eligible for resentencing because:

   a. The following felony offenses would have been misdemeanor offenses if committed on or before November 5, 2014 (list all eligible counts and code sections):

   b. The defendant has no prior convictions listed in Penal Code §667(e)(2)(C)(2)(iv), or that require sex offender registration under Penal Code §290.

   c. The defendant does not pose an unreasonable risk to public safety as defined in Penal Code §1170.18(c).

THE PARTIES THEREFORE REQUEST THAT DEFENDANT'S PETITION FOR RESENTENCING BE GRANTED.

Date: ____________________ __________________________________________________ Defendant

Date: ____________________ __________________________________________________ Attorney for Defendant

Date: ____________________ __________________________________________________ District Attorney

Defendant waives his/her presence.

ORDERS

The Petition for resentencing is GRANTED.

The matter is set for RECALL and RESENTENCING on ________________, 20 at _______ am/pm in Courtroom . The matter is referred to Adult Probation for calculation of credits, victim notification (other) ________________________________________________________

(Other orders): __________________________________________________________________________________________

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Date: ___________________ ______________________________________ Judicial Officer

For Optional Use WAIVER, STIPULATION and ORDER FOR RESENTENCING Pen. Code § 1170.18 MC-P47-5 [Rev. July 1, 2019] (PC 1170.18(a))