Orange — Petition for Resentencing or Reduction to Misdemeanor Pursuant to Penal Code 1170.18

Source: https://www.occourts.org/system/files/shc-crim-11.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

PETITION FOR RESENTENCING OR REDUCTION TO MISDEMEANOR UNDER PENAL CODE § 1170.18

SELF-HELP FORM PACKET

SHC-CRIM-11 (Rev. 08/06/2021)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the blue button labeled Click Here to Contact Self-Help Services), attach the PDF, and complete the online request form. Make sure to select CRIMINAL/TRAFFIC as the case type on the form.

www.occourts.org/self-help

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE PETITION FOR RESENTENCE OR RECLASSIFICATION Penal Code section 1170.18

Information and Instructions

General Information:
Under Penal Code § 1170.18, a person currently serving a sentence, or who has completed a
sentence, for a conviction of a felony violation of section 11350, 11357 or 11377 of the Health
and Safety Code or section 459.5, 473, 476a, 490.2, 496 or 666 of the Penal Code may be
eligible to have the felony conviction designated as a misdemeanor and/or resentenced as a
misdemeanor.

How do I know if my sentence is complete or if I am still serving a sentence (boxes 1A
and 1B)?
The definitions below are intended to provide general information and do not attempt to provide
legal advice and how to submit your petition.

If you have been convicted of one of the
eligible felony violatio t

and are currently under supervision for purposes of this form, you may select box
(probation, parole, postrelease community 1A to indicate you are currently serving a
supervision (PRCS), mandatory supervision) sentence on the felony violation being
or are currently in custody, petitioned.

and are no longer under any form of for purposes of this form, you may select box
supervision (probation, parole, postrelease 1B to indicate you have completed your
community supervision (PRCS), mandatory sentence on the felony violation being
supervision) or in custody, petitioned.

and are currently diverted pursuant to Penal for purposes of this form, you may select box
Code section 1000, 1B.

Where will the petition be heard?
If the defendant is currently serving a sentence on the violation or has been diverted pursuant to
Penal Code section 1000, a hearing will be scheduled at the Central Justice Center.

If the defendant is currently in a collaborative court program on the violation, a hearing will be
scheduled at the appropriate collaborative court courtroom.

If the defendant has completed his/her sentence on the violation, the matter will be reviewed by
a judge without a formal hearing and the petitioner will be notified of the order by mail.

How long does this process take?
The petition process may take between 90-120 days, or longer, depending on the details of the
case and the amount of petitions received by the court.

This information document is for general use and not intended as full and comprehensive instruction governing the laws and rules relating to petitions or applications filed under Penal Code section 1170.18 nor does this information sheet attempt to legally define sentence term phrases. For further information you may refer to Penal Code section 1170.18 or you may wish to seek legal assistance.

L-0929 PETITION FOR RESENTENCE OR RECLASSIFICATION Penal Code §1170.18 Optional Form Information and Instructions www.occourts.orgRev. May 3, 2016 Page 1 of 2

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE PETITION FOR RESENTENCE OR RECLASSIFICATION Penal Code section 1170.18

NOTE: Clerks cannot advise or give assistance in the completion of this petition.

INSTRUCTIONS:

1. Complete the Petition/Application to have Felony Violation(s) Designated as
Misdemeanor(s) and Resentencing.

2. Mail or personally deliver a copy of the petition to the Orange County Office of
the District Attorney or other prosecuting agency.

a. If mailed, the person mailing must complete the Proof of Service, see
page 2 of the petition.

b. If hand delivered, the District Attorney may acknowledge its receipt by
stamping the original petition to be delivered to the court.

3. File the original petition with the Criminal Operations Division of the Justice
Center in which the case was sentenced.
a. Include the completed Proof of Service, if prosecutor was notified by
mail.

L-0929 PETITION FOR RESENTENCE OR RECLASSIFICATION Penal Code §1170.18 Optional Form Information and Instructions www.occourts.orgRev. May 3, 2016 Page 2 of 2

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(TYPE OR PRINT NAME) SIGNATURE OF PETITIONER OR ATTORNEY

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Case Name: ______________________________________ Case Number: ____________________________________

PROOF OF SERVICE

Personal Service Service by Mail

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

Address:
Telephone:
2. I served the a copy of the Petition as follows (check one):
a. Personal Service: I personally delivered the Petition to the person at

(1) Name of person served:

(2) Address where served:

(3) Date served:
(4) Time served: AM PM

b. Service by Mail: I deposited the Petition n the United States mail, in a
fully prepaid. The envelope was addressed as follows:
(1) Name of person served:

(2) Address:

(3) Date of Mailing:

(4) Place of Mailing (city and state):

I declare to the best of my information and belief that the foregoing is true and correct.

Date:________________

(Signature of Declarant)

(Printed Name of Declarant)

L-0928

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE FOR COURT USE ONLY JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 Harbor - 4601 Jamboree Rd., Newport Beach, CA 92660 North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838 West - 8141 13 th Street, Westminster, CA 92683 vs. DEFENDANT:

CASE NUMBER: ORDER AFTER PETITION FOR RESENTENCE OR RECLASSIFICATION
(Pen. Code § 1170.18(b),(g))

The court finds and rules from the records on file in this case and from the foregoing petition as follows:

1. Petition for recall and resentencing, or reduction to a misdemeanor is DENIED for the following reason(s):

   the specified offense(s) is/are ineligible.

   the petitioner has at least one other prior conviction for an offense under Penal Code § 667(e)(2)(C)(iv) or for

an offense requiring registration pursuant to Penal Code section 290(c).

the court finds that the petitioner poses an unreasonable risk of danger to public safety under Penal Code

§ 1170.18(c).

other: ____.

2. Petition for recall and resentencing is GRANTED. The following felony conviction(s) is/are recalled and reclassified as misdemeanors and any enhancements are dismissed by operation of law: ___________________

The petitioner is resentenced to (a) misdemeanor(s) with the following sentence and/or modification: __________

With:

parole continuing formal probation

continuing informal probation credit granted for time served

informal probation probation terminated

defendant ordered to report to Probation within 30 days for fines, fees, and/or restitution

other:

3. Petition for reduction to misdemeanor is GRANTED. The following felony conviction(s) is/are now specified as misdemeanors and any enhancements are dismissed by operation of law: _______

4. The above-specified felony conviction(s) is/are hereby designated as a misdemeanor or misdemeanors for all purposes except that the petitioner/applicant shall not own, possess, or have in his or her custody or control any firearm and the designation as misdemeanor will not prevent his or her conviction under Penal Code § 29800 et seq.

So ordered.

Date: JUDICIAL OFFICER

L-0928 Penal Code §1170.18 Optional Use ORDER AFTER PETITION FOR RESENTENCE OR RECLASSIFICATION www.occourts.org Rev Jan. 30, 2015 Page 1 of 1