San Benito — SB-CR-2

Source: https://www.sanbenito.courts.ca.gov/system/files/sbcr2.pdf

SB-CR-2 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 CASE NUMBER:
Petitioner must complete the 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. 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 RESENTENCING REDUCTION TO MISDEMEANOR

Having received notice of 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)(C)(iv) or for an offense
requiring registration pursuant to Penal Code § 290(c).

Date: ____________________________ __________________________________________________
Deputy District Attorney

Form Adopted for Optional Use RESPONSE FOR RESENTENCING Superior Court of California, County of San Benito SB-CR-2 [eff. 1/1/20] OR FOR REDUCTION TO MISDEMEANOR page 1 of 1