San Luis Obispo — Response and Order on Petition for Resentencing

Source: https://www.slo.courts.ca.gov/documents/san-luis-obispo/Response_and_Order_on_Petition_for_Resentencing.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO

Superior Court of California, County of San Luis Obispo Criminal Department, Room 220 1050 Monterey St. San Luis Obispo, CA 93408 vs.

, Defendant
RESPONSE AND ORDER ON PETITION FOR RESENTENCING
(Penal Code §1170.18) CASE NUMBER:
TO BE FILLED OUT BY THE COURT ONLY

Defendant has filed a petition for resentencing/designation as a misdemeanor and alleges that 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.

Hearing Date ________________ at 8:30 a.m. in Department ____.

The District Attorney’s Response: 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). Defendant has at least one prior conviction for Penal Code § 368(d) or (e) and is seeking relief for a conviction of Penal Code § 666. A hearing should be set 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. People waive presence and agree the Court may resentence without supervision. People request a resentencing hearing be set.

Date: ____________________ _________________________________
Deputy District Attorney

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ORDER

The Petition for Resentencing/Designation as a Misdemeanor is denied. Reason: ______________________.

The Petition is granted:

Count(s) _________________ is/are ordered designated as a misdemeanor conviction(s).

Formal probation is now ordered converted to Summary Probation under the same terms and conditions.

Defendant is sentenced as follows:

Matter is ordered set for Hearing re PC § 1170.18(f) on ___________at 8:30 a.m. in Department ____.

Matter is ordered set for Resentencing (PC § 1170.18(a)) on ________at 8:30 a.m. in Department ____.

Date: _____________________ ______________________________ Judge of the Superior Court

Resentencing and or designation as a misdemeanor does not permit the defendant to own, possess, or have in his or her custody or control any firearms. Penal Code § 1170.18(k)

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Superior Court of California, County of San Luis Obispo www.slo.courts.ca.gov Penal Code § 1170.18 Rev. November 14, 2014