San Joaquin — Prop. 47 - Response

Source: https://www.sjcourts.org/sites/default/files/forms/2026-02/Prop%2047%20-%20Response.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN

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: RESPONSE

FOR RESENTENCING FOR REDUCTION TO MISDEMEANOR
(Pen. Code, § 1170.18(a)) (Pen. Code, § 1170.18(f))
INSTRUCTIONS

• Petitioner must complete 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. CASE NUMBER: • The District Attorney is required to complete the Response, file with the court, and provide notice by providing a copy to the Petitioner. • 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 court will set a hearing and provide notice of the date, time, and location to the petitioner and District Attorney.

DISTRICT ATTORNEY’S RESPONSE TO PETITION FOR RECENTENCING REDUCTION TO MISDEMEANOR

Having received notice of a petition dated __________________, the District Attorney responds as follows:

A. RESENTENCING

The District Attorney has no objection to this petition. Petitioner is entitled to the requested relief.

A hearing is requested on the resentencing.

Petitioner is not eligible for the requested relief because (select all that apply):

The specified offenses are not eligible under Penal Code § 1170.18.

Petitioner has at least one prior conviction for an offense under Penal Code § 667(e)(2)(C)(iv) or for an offense
requiring registration pursuant to Penal Code § 290(c).

Petitioner poses an unreasonable risk of danger to public safety as defined in Penal Code § 1170.18(c).

B. REDUCTION TO MISDEMEANOR

The District Attorney has no objection to this petition. Petitioner is entitled to the requested relief.

The petitioner is not eligible for the requested relief because:

The specified offenses are not eligible under Penal Code § 1170.18.

The petitioner has at least one prior conviction for an offense under Penal Code § 667(e)(2)(C)(iv) or for an
offense requiring registration pursuant to Penal Code § 290(c).

Date: _ ______________________ _____________________________________
Deputy District Attorney

Form Adopted for Optional Use www.sjcourts.org Superior Court of California, County of San Joaquin Form No. - Prop47-Response Effective 11-05-2014