Kern — KRN SUP CRT CR-1124

Source: https://www.kern.courts.ca.gov/system/files/general/krn-sup-crt-cr-1124-order-after-petition-application-hsc-113618-rev-12518.pdf

KRN SUP CRT CR 1124

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

NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR (name):

PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: ORDER AFTER PETITION/APPLICATION (Health and Safety Code, § 11361.8) ADULT CRIME(S) FOR COURT USE ONLY Date: FOR RESENTENCING OR DISMISSAL REDESIGNATION OR DISMISSAL/SEALING Time: (H & S § 11361.8(b) ) (H & S § 11361.8(f) ) Department:

From the petition/application filed in this matter, the records of the court, and any other evidence presented in this matter , the court finds as follows:

1. RESENTENCING GRANTED

   The petitioner is eligible for the requested relief. The petition is GRANTED. The court hereby recalls the sentence imposed on the designated crime(s) and enters the following additional orders:

   The following crime(s) is/are resentenced as misdemeanor(s) infraction(s): (indicate crime(s))

   The following sentence is imposed for the commission of the crime(s):

   The petitioner is given credit for time served of (days):

   Petitioner is required to complete a period of supervision of months/days on

   parole post release community supervision mandatory supervision (P.C. §1170(h)
   formal probation informal probation

   The court releases the petitioner from any form of post-conviction supervision. The court DISMISSES the following crime(s) for the reason that the conviction is legally invalid: other:

2. REDESIGNATION GRANTED

   The applicant is eligible for the requested relief. The application is GRANTED. The court hereby recalls the sentence imposed on the designated crime(s) and enters the following additional orders:

   The following crime(s) is/are redesignated as misdemeanor(s) infraction(s): (indicate crime(s))

   .

   The court DISMISSES the following crime(s) for the reason that the conviction is legally invalid:

   (specify)

   Other:

KRN SUP CRT CR 1124 (Optional Form) Rev. 12/05/18 ORDER AFTER PETITION/APPLICATION Health and Safety Code §11361.8

KRN SUP CRT CR 1124

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

3. RESENTENCING/REDESIGNATION DENIED

   The petitioner/applicant is ineligible for the requested relief. The request for resentencing/redesignation/dismissal/sealing is DENIED as to crime(s): for the following reasons:

   The petitioner/applicant was convicted of an offense that is not eligible for the requested relief.

   The petitioner's/applicant's age at the time the crime(s) was/were committed makes petitioner/applicant ineligible for the requested relief. The nature of the marijuana substance constituting the basis of the crime(s) makes petitioner/applicant ineligible for the requested relief. The quantity of the marijuana substance constituting the basis of the crime(s) makes petitioner/applicant ineligible for the requested relief. Although petitioner is eligible for relief, for reasons set forth on the record, the court finds that resentencing of petitio ner would pose an unreasonable risk of danger to public safety.

   Other:

4. MISDEMEANOR/INFRACTION FOR ALL PURPOSES

Any misdemeanor resentenced as an infraction as a result of this order shall thereafter be an infraction for all purposes. Any felony conviction resentenced as a result of this order as a misdemeanor or infraction shall be a misdemeanor or infracti on for all purposes.

5. REGISTRATION The petitioner/applicant is relieved from the requirement to register as a narcotics offender under Health and Safety Code §11590.

6. SEALING OF CONVICTION

   The court's record of conviction is ordered sealed. No access to the information shall be permitted without court order.

IT IS SO ORDERED.

Dated: JUDICIAL OFFICER

KRN SUP CRT CR 1124 (Optional Form) Rev. 12/05/18 ORDER AFTER PETITION/APPLICATION Page 2 of 2