Placer — Prop 47 Petition

Source: https://www.placer.courts.ca.gov/sites/default/files/pl-cr004-prop-47-petition.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF PLACER

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): PEOPLE OF THE STATE OF CALIFORNIA CDCR NUMBER: vs. JAIL ID NUMBER: DEFENDANT: DATE OF BIRTH: PETITION

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 CASE NUMBER: Misdemeanor. Upon filing, petitioner is required to immediately provide notice by providing a copy of the Petition to the DATE: District Attorney. The District Attorney is required to complete the Response, file with the court, and provide notice by TIME: providing a copy to the Petitioner. If the petitioner is currently in County Jail or State Prison related to this case, District Attorney indicates DEPARTMENT: 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.

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. (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)

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

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Form No. PL-CR004 Effective 11-7-2014