San Benito — SB-CR-1

Source: https://www.sanbenito.courts.ca.gov/system/files/sbcr1.pdf

SB-CR-1 ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): PEOPLE OF THE STATE OF CALIFORNIA

VS.

DEFENDANT: DATE OF BIRTH: PETITION

FOR RESENTENCING FOR REDUCTION TO MISDEMEANOR
(Pen. Code, § 1170.18(a)) (Pen. Code, § 1170.18(f))
INSTRUCTIONS CASE NUMBER:
Petitioner must complete the Petition and indicate whether a request is made for Resentencing or Reduction to
Misdemeanor.

Upon filing, petitioner is required to immediately provide notice by providing a copy of the Petition to the District Attorney. The District Attorney is required to complete the Response, file with the court, and provide notice by providing a copy to the Petitioner. Hearing Date: __________________ If the petitioner is currently in County Jail or State Prison related to this case, District Attorney indicates the petitioner is ineligible, or if either the petitioner or District Attorney requests a hearing as provided below, the Hearing Time: __________________ court will set a hearing and provide notice of the date, time, and location to the petitioner and District Attorney.

PETITIONER/CONVICTION INFORMATION

On (date) ____________, Petitioner, the defendant in the above-entitled criminal action, was convicted of the following felony offenses that have now been reclassified as misdemeanors (specify code(s) and section(s)): _____________________________ and was sentenced to (specify sentence imposed): __________________________.

Petitioner has no prior convictions for offenses under Penal Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Penal Code § 290(c). Petitioner does not pose an unreasonable risk of danger to public safety as defined in Penal Code § 1170.18(c).

1. RESENTENCING

   Petitioner is currently serving the above sentence. Petitioner requests that the felony sentence be recalled and that Petitioner be resentenced to a misdemeanor under Penal Code § 1170.18(b), (d). Petitioner is currently being held in County Jail or State Prison (court will set a hearing).

2. REDUCTION TO MISDEMEANOR

   Petitioner has completed the above sentence. Petitioner requests that the eligible felony convictions listed above be reduced to misdemeanors under Penal Code § 1170.18(f), (g). Although a hearing is not necessary, I request a hearing for this determination. Petitioner is currently being held in County Jail or State Prison (check only if you want a hearing for this determination).

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)

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

Form Adopted for Optional Use PETITION FOR RESENTENCING Superior Court of California, County of San Benito SB-CR-1 [eff. 1/1/20] OR FOR REDUCTION TO MISDEMEANOR page 1 of 1