Sutter — Proposition 64 Petition

Source: https://www.sutter.courts.ca.gov/system/files/cr-06-prop-64-petition.pdf

Name, address and telephone number of attorney or party without attorney: FOR COURT USE ONLY

Telephone No.: Fax No.: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SUTTER STREET ADDRESS: 1175 Civic Center Boulevard MAILING ADDRESS: 1175 Civic Center Boulevard CITY AND ZIP CODE: Yuba City, CA 95993

BRANCH NAME:

PEOPLE OF THE STATE OF CALIFORNIA vs.

DEFENDANT:
PETITION
RESENTENCING / DISMISSAL REDESIGNATION OR DISMISSAL/SEALING CASE NUMBER:
Currently Serving Sentence / Probation Completed Sentence
[Health & Safety §11361.8(b)] [Health & Safety §11361.8(e), (f)]
INSTRUCTIONS
Petitioner must complete this Petition & indicate whether the request is made for Resentencing or Post-Sentence Redesignation.
Petitioner is required to provide notice to the District Attorney by providing a copy of this Petition. The person completing the service must
fill out the Proof of Service on the second page prior to the filing of this Petition with the court.
District Attorney is required to complete the Response, file the response with the court, & provide notice by providing a copy to the
Petitioner.
If either the Petitioner or District Attorney requests a hearing as provided below, the Court will set a hearing & provide notice of the date,
time, & location to the Petitioner & District Attorney.

PETITIONER / CONVICTION INFORMATION:

On (date): , Petitioner, defendant in the above-entitled matter, was convicted of the following felony offenses that have now been reclassified under Proposition 64:

Health & Safety Code, §§ 11357 11358 11359 11360 & was sentenced to (specify):

Petitioner further states that s/he (check all that apply): has no prior convictions for offenses under Penal Code, §667(c)(2)(c)(iv); is not required to register pursuant to Penal Code, §290(c), and/or; does not pose an unreasonable risk of danger to public safety as defined in Penal Code, §1170.18(c)

Petitioner further states that when committing the conduct resulting in the conviction s/he was: under 18 years of age 18 to 20 years of age 21+ years of age. Date of Birth:

Petitioner 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 (specify):

Petitioner 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

Local Form Approved for Sutter County Superior Court Optional Use PETITION FOR RESENTENCING OR POST-SENTENCE PageCR-061 of 2 Effective: November 9, 2016 REDESIGNATION OR DISMISSAL / SEALING www.suttercourts.com Revised:

PEOPLE OF THE STATE OF CALIFORNIA, vs. CASE NUMBER: , Defendant

REQUEST FOR RELIEF:

11361.8(b) – CURRENTLY SERVING SENTENCE OR ON PROBATION: I request the sentence be recalled & that I be resentenced or the charge dismissed as required by law.

11361.8(f) – COMPLETED SENTENCE: I request the sentence be recalled & the conviction redesignated or dismissed. If the conviction is dismissed, I request the court’s record of conviction be sealed.

Although a hearing is not necessary, I request a hearing for this determination (check only if you want a hearing for this determination, otherwise the court will review & rule on your petition).

I declare under penalty of perjury & to the best of my knowledge & belief that the foregoing is true & correct.

Dated: (SIGNATURE OF PETITIONER OR ATTORNEY)

(DEFENDANT’S ADDRESS) (CITY, STATE & ZIP CODE

PROOF OF SERVICE
Personal Service Service by Mail

1. I am at least 18 years old and not a party to this action.

2. I served a copy of the: Petition for Resentencing / Dismissal Redesignation or Dismissal / Sealing

3. By serving copies of the above-referenced documents: by mail personally as follows:

   a. Name: b. Date and time:

   c. Address:

4. I am:

a. not a registered California process server. b. a registered California process server.

c. an employee or independent contractor of a d. exempt from registration under Business &
registered California process server. Professions Code, §22350(b).

e. a California sheriff or marshal

5. My name, address, and telephone number, and, if applicable, county of registration and number are (specify):

   Name:

   Address:

   Telephone number:

   County of registration (if applicable):

   Registration number (if applicable):

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

Date:

(TYPE OR PRINT NAME OF PERSON WHO SERVED DOCUMENTS) (SIGNATURE OF PERSON WHO SERVED THE PAPERS)

Local Form Approved for Sutter County Superior Court Optional Use PETITION FOR RESENTENCING OR POST-SENTENCE PageCR-062 of 2 Effective: November 9, 2016 REDESIGNATION OR DISMISSAL / SEALING www.suttercourts.com Revised: