Tuolumne — TUO-CR-725 — verbatim text

Tuolumne — TUO-CR-725¶

Source: https://www.tuolumne.courts.ca.gov/system/files/forms-and-filings/tuo-cr-725.pdf

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TUO-CR-725 ATTORNEY OR PARTY WITHOUT ATTORNEY (COURT USE ONLY) (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name):

PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA

DATE OF BIRTH:

DEFENDANT: PETITION/APPLICATION (H&S CODE § 11361.8) ADULT CRIME(S) CASE NUMBER: ___ RESENTENCING OR DISMISSAL OR ___ REDESIGNATION OR DISMISSAL/SEALING H&S Code § 11361.8(b) H&S Code § 11361.8(f)

INSTRUCTIONS

• Before filing this form, petitioner/applicant should consult local court rrrules and court staff to determine if a formal hearing on the petition/application will be scheduled. • If petitioner is currently serving a sentence for a qualified crime, please fill out sections 1 and 2. • If the applicant has completed the sentence for a qualified crim e, please fill out sections 1 and 3. • Complete sections 4 and 5 as necessary.

• Upon the filing of the petition/application, the petitioner/applic ant is required to immediately serve the office of the prosecuting agency (the district attorney or city attorney, as appropriate) with a copy of the petition/application. It may be served personally or by mail; the signed Proof of Service, attached to this form, must be filed with the court.

CONVICTION INFORMATION

CONVICTION A: On (date) ________________________, petitioner/applicant, the defendant in the above-entitled criminal action, was convicted of the following Health and Safety Code section: ___ 11357 ___ 11358 ___ 11359 ___ 11360, which has been reclassified under Proposition 64.

Petitioner/applicant further states that when committing the conduct resulting in the conviction, he/she was: ___ 18 to 20 years of age; ___ 21 years old or older. Date of birth: _________________________

Petitioner/applicant further states that the nature of the substance which resulted in the conviction was: ___ marijuana not in the form of concentrated cannabis; ___ concentrated cannabis; ___ marijuana plants; ___ other: ______________________________________________________________________________

Petitioner/applicant further states that the quantity of the substance which resulted in the conviction was: ___ not more than 28.5 grams of marijuana not in the form of concentrated cannabis; ___ not more than 4 grams of marijuana in the form of concentrated cannabis; ___ not more than 8 grams of marijuana in the form of concentrated cannabis; ___ not more than 6 marijuana plants.

CONVICTION B: On (date) ________________________, petitioner/applicant, the defendant in the above-entitled criminal action, was convicted of the following Health and Safety Code section: ___ 11357 ___ 11358 ___ 11359 ___ 11360, which has been reclassified under Proposition 64.

TUO-CR-725 (Rev. August, 2021 - PETITION/APPLICATION: RESENTENCING OR DISMISSAL - H&S Code § 11361.8 Form Adopted for Mandatory Use) H&S Code § 11361.8(b) OR REDESIGNATION - H&S Code § 11361.8(f) Page 1 of 3

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TUO-CR-725

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

REQUEST FOR RELIEF a. ___ RESENTENCING/DISMISSAL Petitioner is currently serving the sentence for the crime noted above, and requests the sentence be recalled and that he/she be resentenced or the charge be dismissed as required by law. ___ Other: ____________________________________________________________________________________________

b. ___ REDESIGNATION/DISMISSAL/SEALING Applicant has completed the sentence for the crime noted above, and requests the sentence to be recalled and the conviction be redesignated or dismissed. If the conviction is dismissed, applicant requests the court’s record of conviction be sealed. ___ Other: ____________________________________________________________________________________________
WAIVER OF HEARING BY ORGINAL SENTENCING JUDGE ___ Petitioner/applicant waives the right to have this matter heard by the original sentencing judge. The Presiding Judge of the court may designate any judge to rule on this matter.
WAIVER OF APPEARANCE ___ Petitioner/applicant understands that there is a right to personally attend any hearing held in this matter. The Petitioner/ applicant gives up that right; the matter may be heard without his/her appearance.

Date: _______________________________ _______________________________________________ Signature of Petitioner/Applicant or Attorney for Petitioner/Applicant

PROSECUTING AGENCY RESPONSE

___ The prosecuting agency has no objection to this petition/application. Petitioner/applicant is entitled to the requested relief without a hearing.

___ The prosecuting agency requests a hearing and objects to the granting of the petition/application because:

___ Petitioner/applicant was not convicted of an eligible offense.

___ Other: ___________________________________________________________________________________

___ Petitioner is eligible for relief, but relief should be denied because petitioner presents an unreasonable risk of danger to public safety if he/she is resentenced.

___ The prosecuting agency does not object to the petitioner’s/applicant’s eligibility for relief, but requests a hearing on the issue of resentencing.

Dated: ________________________________ _______________________________________________ Signature of Prosecuting Attorney

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TUO-CR-725

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

PROOF OF SERVICE

___ Personal Service ___ Service by Mail

Person serving: I am over the age of 18 and not a party to this action.

Name: ______________________________________________________________________

Address: ____________________________________________________________________

Telephone: __________________________________________________________________

I served a copy, or copies, of this Petition/Application for Resentencing or Reduction to Infraction as follows:

___ PERSONAL SERVICE: By leaving a true copy with the receptionist at the front desk at the Office of the District Attorney, 423 N. Washington Street, Sonora CA.

___ MAIL: By placing a true copy in a sealed envelope, with postage fully prepaid, addressed to: Office of the District Attorney, 423 N. Washington Street, Sonora, CA, 95370.

___ MAIL: By placing a true copy in a sealed envelope, with postage fully prepaid, addressed to: Office of the Public Defender, 99 N. Washington Street, Sonora, CA, 95370.

___ MAIL: By placing a true copy in a sealed envelope, with postage fully prepaid, addressed to [insert name and address of any other attorney involved in the case]:

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.

DATED: _______________________________ _____________________________________ Signature

Type or Print Name

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