Kern — KRN SUP CRT CR-1123

Source: https://www.kern.courts.ca.gov/system/files/general/krn-sup-crt-cr-1123-petition-application-hsc-113618-rev-12518.pdf

KRN SUP CRT CR 1123

ATTORNEY OR PARTY WITHOUT STATE BAR NO.: FOR COURT USE ONLY

ATTORNEY: NAME:

FIRM NAME:

STREET

ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.:

E-MAIL

ADDRESS:

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:

PETITION/APPLICATION (Health and Safety Code, § 11361.8)
ADULT CRIME(S) (Date minimum 25 court days service)

FOR RESENTENCING OR DISMISSAL REDESIGNATION OR DISMISSAL/SEALING Date: (H & S § 11361.8(b) ) (H & S § 11361.8(f) ) Time: Department:

INSTRUCTIONS

•Hearing will be held only if Petition is opposed by District Attorney, or People are not able to respond in writing. •If petitioner is currently serving a sentence for a qualified crime, please fill out sections 1 and 2(a). •If the applicant has completed the sentence for a qualified crime, please fill out sections 1 and 2(b). •Complete sections 3 and 4 as necessary. •Upon the filing of the petition/application, the petitioner/applicant is required to immediately serve the office of the prosecuting agency (the district attorney or city attorney, as appropriate) with a copy of the petition/application. It may be served per sonally or by mail; the signed Proof of Service, attached to this form, must be filed with the court.

1. CONVICTION INFORMATION CONVICTION A:

   On (date): , Petitioner/Applicant, the defendant in the above-entitled criminal action, was convicted of the following Health and Safety Code section 11357 11358 11359 11360, which has been reclassified under Proposition 6

   Petitioner/Applicant further states that when committing the conduct resulting in the conviction he/she was:
   18 to 20 years of age; 21 years old or older. Date of birth:

   Petitioner/Applicant further states that the nature of the substance which resulted in the conviction was:
   marijuana not in the form of concentrated cannabis; concentrated cannabis; marijuana plants;
   other:

   Petitioner/Applicant further states that the quantity of the substance which resulted in the conviction was:
   not more than 28.5 grams of marijuana not in the form of concentrated cannabis; not more than 4 grams of marijuana
   in the form of concentrated cannabis; not more than 8 grams of marijuana in the form of concentrated cannabis;
   not more than 6 marijuana plants.

   CONVICTION B:

On (date): , Petitioner/Applicant, the defendant in the above-entitled criminal action, was convicted of the following Health and Safety Code section 11357 11358 11359 11360, which has been reclassified under Proposition 64.

Petitioner/Applicant further states that when committing the conduct resulting in the conviction he/she was:
18 to 20 years of age; 21 years old or older. Date of birth:

Petitioner/Applicant further states that the nature of the substance which resulted in the conviction was:
marijuana not in the form of concentrated cannabis; concentrated cannabis; marijuana plants;
other:

Petitioner/Applicant further states that the quantity of the substance which resulted in the conviction was:
not more than 28.5 grams of marijuana not in the form of concentrated cannabis; not more than 4 grams of marijuana
in the form of concentrated cannabis; not more than 8 grams of marijuana in the form of concentrated cannabis;
not more than 6 marijuana plants.

KRN SUP CRT CR 1123 (Optional Form) Rev. 12/05/18 PETITION/APPLICATION Health and Safety Code §11361.8

KRN SUP CRT CR 1123

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:

2. REQUEST FOR RELIEF a. RESENTENCING/DISMISSAL

   Petitioner is currently serving the sentence for the crime noted above, and requests the sentence be recalled and that he/she be resentenced or the charge be dismissed as required by law.

   Other:

   b. REDESIGNATION/DISMISSAL/SEALING Applicant has completed the sentence for the crime noted above, and requests the sentence be recalled and the conviction be redesignated or dismissed. If the conviction is dismissed, applicant requests the court's record of conviction be sealed. Other:

3. WAIVER OF HEARING BY ORIGINAL SENTENCING JUDGE Petitioner/applicant waives the right to have this matter heard by the original sentencing judge. The Presiding Judge of the court may designate any judge to rule on this matter.

4. WAIVER OF APPEARANCE

   Petitioner/applicant understands there is a right to personally attend any hearing held in this matter. Petitioner/applicant gives

   up that right; the matter may be heard without his/her appearance.

Dated: Signature of petitioner/applicant

KRN SUP CRT CR 1123 (Optional Form) Rev. 12/05/18 PETITION/APPLICANT Health and Safety Code §11361.8

KRN SUP CRT CR 1123

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: 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.

   (1) Name:

   (2) Address:

   (3) Telephone:

2. I served a copy of the Petition/Application for Resentencing or Reduction to Infraction as follows (check one): a. Personal Service: I personally delivered the Petition/Application for Resentencing or Reduction to Infraction 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 Reduction to Infraction 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)

KRN SUP CRT CR 1123 (Optional Form) Rev. 12/05/18 PROOF OF SERVICE Health and Safety Code §11361.8