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Source: https://www.stanislaus.courts.ca.gov/system/files/petition-resentencing-and-response-order-p47-pc-117018.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 800 11th Street, Modesto, CA 95354 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and FOR COURT USE ONLY address) Print Form Clear Form

TELEPHONE NO.: FAX NO.:(209) 525-4211 Case Number: E-MAIL ADDRESS.: ATTORNEY FOR (NAME) :

PEOPLE OF THE STATE OF CALIFORNIA vs.

DEFENDANT:

PETITION FOR RESENTENCING AND RESPONSE (Penal Code § 1170.18)

Instructions

Petitioner must complete the petition and indicate whether a request is made for resentencing or reduction to misdemeanor. 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.

The Defendant in the above-captioned case filed a Petition for Resentencing on felony count(s) _______________ (count nos.), violation of ________________________________________________________________(code sections) pursuant to Penal Code §1170.18. Defendant alleges he or she: has completed his/her sentence and petitions to have the felony count(s) designated as a misdemeanor(s). is still serving a sentence on the felony count(s) and petitions for resentencing.

Date: _____________________ ____________________________ Attorney or Party without Attorney

TO BE FILLED OUT BY THE PROSECUTING AGENCY ONLY: The District Attorney responds: The District Attorney agrees that the following counts are eligible for resentencing/reduction __________ Defendant is not entitled to the relief requested. Reason: No counts eligible under Pen. Code § 1170.18 Defendant has at least one prior conviction for an offense under Pen. Code § 667(e)(2)(C)(iv) or for an offense requiring registration pursuant to Pen. Code §290(c). A hearing should be held to determine whether defendant poses an unreasonable risk of danger to public safety Other: __________________________________________________________________________ Defendant has completed his/her sentence and is entitled to have the felony conviction(s) designated as a misdemeanor(s) Defendant is still serving his/her sentence and is entitled to resentencing

Date: _____________________ ___________________________

Deputy District Attorney

PETITION FOR RESENTENCING – RESPONSE AND ORDER (PC §1170.8)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 800 11th Street, Modesto, CA 95354 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and FOR COURT USE ONLY address)

TELEPHONE NO.: FAX NO.: Case Number: E-MAIL ADDRESS.: ATTORNEY FOR (NAME) :

PEOPLE OF THE STATE OF CALIFORNIA vs.

DEFENDANT:

PETITION FOR RESENTENCING - ORDER (Penal Code § 1170.18)

COURT ORDER

The Petition is Denied. The Petition is granted and the counts identified above are ordered designated as a misdemeanor conviction(s). Felony probation is now ordered converted to misdemeanor formal probation, same terms and conditions. misdemeanor informal probation, same terms and conditions. Count(s) _______ are amended to misdemeanor violations of Penal Code § 459.5 / § 666(a) / §484(a) / _____ Defendant is ordered released forthwith. Defendant is ordered to one year of parole, report within ______ days of release of custody.

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The matter is ordered set for hearing or resentencing on _________, at _____ a.m / p.m. in Department _____

Reduction does not permit a person to own, possess, or have in his or her custody or control any firearm (Pen. Code §1170.18(k)).

Date: _____________________ ___________________________

Judge of the Superior Court

CLERK’S CERTIFICATE

The foregoing document, consisting of____ page(s), is a full, true, and correct copy of the original copy on file in this office.

Clerk of the Superior Court

Date: _____________________ _________________________, Deputy

PETITION FOR RESENTENCING – RESPONSE AND ORDER (PC §1170.8)