Orange — Petition for Resentencing or Reduction Pursuant to H&S 11361.8

Source: https://www.occourts.org/self-help/formpackets/forms/SHC-CRIM-12.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

PETITION/APPLICATION FOR RESENTENCING OR DISMISSAL OR FOR REDUCTION OR DISMISSAL/SEALING PURSUANT TO HEALTH & SAFETY CODE § 11361.8

SELF-HELP FORM PACKET

SHC-CRIM-12 (Rev. 08/09/2021)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the blue button labeled Click Here to Contact Self-Help Services), attach the PDF, and complete the online request form. Make sure to select CRIMINAL/TRAFFIC as the case type on the form.

www.occourts.org/self-help

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE PETITION/APPLICATION FOR RESENTENCING or DISMISSAL FOR REDUCTION or DISMISSAL/SEALING Health & Safety Code §11361.8

Information and Instructions

General Information:

Under Health & Safety Code § 11361.8, a person currently serving a sentence, or who has
completed a sentence for a conviction of a violation of section 11357, 11358, 11359, and 11360
of the Health & Safety Code may be eligible to have the conviction reduced or re-designated as
a misdemeanor or an infraction and resentenced, or dismissed as applicable.

Am I eligible?
If you were 18 years of age or over when charged with one or more of the violations listed
above, you may be eligible to complete the Petition/Application for Resentencing or Dismissal,
for Reduction or Dismissal/Sealing form and file it with the Criminal Operations Division of any
Orange County Justice Center. Only one petition/application form should be completed per
case.

If you were under 18 years of age when charged with one or more of the violations listed above,
contact Juvenile Operations at Lamoreaux Justice Center.

How do I know which section of the form to fill out?
(The definitions below are intended to provide general information and do not attempt to provide
legal advice about how to submit your petition/application.)

If you have been convicted of one of the
eligible violations … then…

and are currently serving a sentence, under for purposes of this form, you may select box 1A
supervision (probation, parole, postrelease and mark the applicable box(es) to indicate the
community supervision (PRCS), mandatory action(s) to be taken on your sentence(s).
supervision) or are currently in custody,

and have completed your sentence, are no for purposes of this form, you may select box 1B
longer under supervision (probation, parole, and mark the applicable box(es) to indicate the
postrelease community supervision (PRCS), action(s) to be taken on your conviction(s).
mandatory supervision) or in custody,

Where will the petition/application be heard?
If the petitioner is currently serving a sentence on the violation, a hearing will be scheduled at the Central
Justice Center.

If the petitioner is currently in a collaborative court program on the violation, a hearing will be
scheduled at the appropriate collaborative court courtroom.

If the applicant has completed his/her sentence on the violation, the matter will be reviewed by a
judge without a formal hearing and the petitioner will be notified of the order by mail.

If you were under 18 years of age when charged, contact Juvenile Operations at Lamoreaux Justice
Center.

PETITION/APPLICATION FOR RESENTENCING or DISMISSAL Rev. Nov. 22, 2016 FOR REDUCTION or DISMISSAL/SEALING Health & Safety Code §11361.8 www.occourts.org Page 1 of 2 Information and Instructions

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE PETITION/APPLICATION FOR RESENTENCING or DISMISSAL FOR REDUCTION or DISMISSAL/SEALING Health & Safety Code §11361.8

How long does this process take?
The petition/application process may take between 90-120 days, or longer, depending on the
details of the case and the amount of petitions received by the court.

This information document is for general use and not intended as full and
comprehensive instruction governing the laws and rules relating to petitions or
applications filed under Health & Safety Code section 11361.8 nor does this information
sheet attempt to legally define sentence term phrases. For further information you may
refer to Health & Safety Code section 11361.8 or you may wish to seek legal assistance.

NOTE: Clerks cannot advise or give assistance in the completion of this petition.

INSTRUCTIONS:

1. Complete the Petition/Application for Resentencing or Dismissal, for Reduction
or Dismissal/Sealing.

2. Mail or personally deliver a copy of the petition/application to the Orange County
Office of the District Attorney or other prosecuting agency.

a. If mailed, the person performing the mailing must complete the Proof of
Service (see page 3 of the Petition/Application).

b. If hand delivered, the District Attorney may acknowledge its receipt by
stamping the original petition to be delivered to the court.

3. File the original petition/application with the Criminal Operations Division of any
Orange County Justice Center.
a. Include the completed Proof of Service, if prosecutor was notified by mail.

PETITION/APPLICATION FOR RESENTENCING or DISMISSAL

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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) :

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 Harbor - 4601 Jamboree Rd., Newport Beach, CA 92660 North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500 West - 8141 13th Street, Westminster, CA 92683-4593 vs. DEFENDANT:

PETITION/APPLICATION CASE NUMBER:
FOR RESENTENCING or DISMISSAL FOR REDUCTION or DISMISSAL/SEALING

(HEALTH & SAFETY CODE §11361.8(a), (b)) (HEALTH & SAFETY CODE §11361.8(e), (f))

1. CONVICTION INFORMATION On (date) ________, Petitioner/Applicant, the defendant in the above-entitled criminal action whose date of birth is

   ___________, was convicted of the following felony or misdemeanor offense(s) that has/have now been

   reclassified as legally invalid, a misdemeanor, or an infraction offense(s) (specify code(s) and

   section(s)):__________________ and was sentenced to (specify sentence imposed):

____________________________________________________________________________________________.

A. RESENTENCING or DISMISSAL

Petitioner is currently serving the above sentence and requests under Health & Safety Code §11361.8(a), (b) that

the:

Felony sentence(s) be recalled and that Petitioner be resentenced to misdemeanor(s).

Felony sentence(s) be recalled and that Petitioner be resentenced to infraction(s).

Misdemeanor sentence(s) be recalled and that Petitioner be resentenced to infraction(s).

Felony/misdemeanor/infraction sentence(s) listed above be dismissed because the sentence(s) is/are now

legally invalid.

Custody status:

Petitioner is currently in custody at (location) _________________________, inmate number _____________;

and is is not requesting to be transported for the hearing.

(Continued on next page)

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Defendant Name: Case Number:

B. REDUCTION or DISMISSAL/SEALING

Applicant has completed the above sentence and requests under Health & Safety Code §11361.8(e), (f) that the:

Felony conviction(s) listed above be reduced to misdemeanor(s).

Felony conviction(s) listed above be reduced to infraction(s).

Misdemeanor conviction(s) listed above be reduced to infraction(s).

Felony/misdemeanor/infraction conviction(s) listed above be dismissed and sealed because the prior

conviction(s) is/are now legally invalid.

Court Hearing:

As the applicant, I request a hearing. I understand that by checking this box, the Court will set a hearing

whether to grant or deny the application, even if it is unopposed by the Prosecution/Prosecution Agency.

As the applicant, I request a hearing only in the event that an opposition is filed by the

Prosecution/Prosecution Agency.

As the applicant, I am not at this time requesting a hearing. I understand that the Prosecution/Prosecution

Agency may request a hearing or that the Court on its own may decide to set the matter for hearing.

2. I have served a copy of this Petition/Application on the Orange County Office of the District Attorney.

Date: ________________

(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER/APPLICANT OR ATTORNEY)

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Defendant Name: Case Number:

PROOF OF SERVICE

Personal Service Service by Mail

1. Person serving: I am over the age of 18 and not a party to this action.

Name:

Address:

Telephone:

2. I served a copy of the Petition/Application for Resentencing or Dismissal, for Reduction or Dismissal/Sealing as follows
(check one):

a. Personal Service: I personally delivered the Petition/Application for Resentencing or Dismissal, for Reduction or
Dismissal/Sealing to the person at the address listed below:

(1) Name of person served:

(2) Address where served:

(3) Date served:

(4) Time served: AM PM

b. Service by Mail: I deposited the Petition/Application for Resentencing or Dismissal, for Reduction or
Dismissal/Sealing in the United States mail, in a sealed envelope with first class postage fully prepaid. The envelope
was addressed as follows:

(1) Name of person served:

(2) Address:

(3) Date of Mailing:

(4) Place of Mailing (city and state):

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

Date:

(Signature of Declarant)

(Printed Name of Declarant)

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE FOR COURT USE ONLY JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 Harbor - 4601 Jamboree Rd., Newport Beach, CA 92660 North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838 West - 8141 13th Street, Westminster, CA 92683 vs. DEFENDANT:

ORDER AFTER PETITION/APPLICATION CASE NUMBER:

FOR RESENTENCING or DISMISSAL FOR REDUCTION or DISMISSAL/SEALING
(HEALTH & SAFETY CODE §11361.8(a), (b)) (HEALTH & SAFETY CODE §11361.8(e), (f))

The court finds from the records on file in this case and from the foregoing petition/application that the petitioner/applicant (the defendant in the above-entitled criminal action) is eligible for the following requested relief:

A. RESENTENCING or DISMISSAL

1. Petitioner is ineligible for the requested relief for recall and resentencing or dismissal. Petition is DENIED for
the following reason(s):

the specified offense(s) is/are ineligible.

the petitioner’s age when the conduct occurred makes him/her ineligible.

the court finds that the petitioner poses an unreasonable risk of danger to public safety under Health &
Safety Code §11361.8(b).

other: ______________________________________________________________________________

2. Petition for recall and resentencing is GRANTED.

The following felony conviction(s) is/are recalled and reclassified as misdemeanor conviction(s) and any
enhancements are dismissed by operation of law:
____________________________________________________________________________________

The following felony conviction(s) is/are recalled and reclassified as infraction conviction(s) and any
enhancements are dismissed by operation of law:
_____________________________________________________________________________________

The following misdemeanor conviction(s) is/are recalled and reclassified as infraction conviction(s):
_____________________________________________________________________________________

Resentencing:

The petitioner is resentenced to misdemeanor conviction(s) with the following sentence:

_____________________________________________________________________________________

The petitioner is resentenced to infraction conviction(s) with the following sentence:

_____________________________________________________________________________________

With:

parole/postrelease community supervision continuing formal probation

continuing informal probation no supervision credit granted for time served

fine $______________ requirement to register pursuant to Health & Safety Code §11590 relieved

other ______________________________________________________________________________

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Defendant Name: Case Number:

3. Petition for dismissal is GRANTED for the following sentence(s):

---

B. REDUCTION or DISMISSAL/SEALING

1. Application for reduction or dismissal/sealing is DENIED for the following reason(s):

the specified offense(s) is/are ineligible.

the applicant’s age when the conduct occurred makes him/her ineligible.

other: _______________________________________________________________________________

2. Application for reduction is GRANTED.

The following felony conviction(s) is/are recalled and reclassified as misdemeanor conviction(s) and any
enhancements are dismissed by operation of law:
_____________________________________________________________________________________

The following felony conviction(s) is/are recalled and reclassified as infraction conviction(s) and any
enhancements are dismissed by operation of law:
_____________________________________________________________________________________

The following misdemeanor conviction(s) is/are recalled and reclassified as infraction conviction(s):
_____________________________________________________________________________________

3. Application for dismissal/sealing is GRANTED for the following conviction(s):
_____________________________________________________________________________________

Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor or
infraction under subdivision (f) of Health & Safety Code section 11361.8 shall be considered a misdemeanor or
infraction for all purposes.

Any misdemeanor conviction that is recalled and resentenced under subdivision (b) or designated as an infraction
under subdivision (f) of Health & Safety Code section 11361.8, shall be considered an infraction for all purposes.

Records pertaining to the arrest or conviction of any person for a violation, or pertaining to the arrest or conviction of any person under the age of 18 for a violation shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, pursuant to the provisions of Health & Safety Code §11361.5(a).

So ordered.

Date: JUDICIAL OFFICER

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