Mendocino — Prop47Pet

Source: https://www.mendocino.courts.ca.gov/system/files/prop-47-petition-reply-and-order.pdf

1 Prepared by: ____ Mendocino County Public Defenders Office 2 ____ Mendocino County Alternative Defenders Office 3 ____ Private Counsel: __________________________ ____ In Propria Persona (Pro Per) 4

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7 SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF MENDOCINO

9 THE PEOPLE OF THE STATE OF Docket No. ______________________ 10 CALIFORNIA

11 PLAINTIFF/RESPONDENT, PETITION FOR RESENTENCING [Penal Code § 1170.18 (Prop 47)]; 12 vs. PROSECUTION REPLY; AND 13 COURT ORDER

14 _____________________________________, Resentencing Requested

15 DEFENDANT/PETITIONER. Reduction to Misdemeanor Requested

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17 [ ] Petitioner alleges she/he is entitled to conviction modification following the passage of 18 Proposition 47 because she/he stands convicted of a qualifying offense under PC § 1170.18. 19 [ ] Petitioner alleges she/he has no disqualifying prior convictions. (PC § 667(e)(2)(iv)).

20 [ ] Petitioner alleges she/he is not a sex registrant. (PC § 290(c)).

21 [ ] Petitioner seeks reduction of a felony conviction to a misdemeanor for a completed

22 sentence/probation.

23 [ ] Petitioner seeks reduction of a felony conviction to a misdemeanor for a sentence still

24 being served and hereby requests resentencing. Petitioner is currently:

25 [ ] Incarcerated on this case and housed at: ________________________________

26 [ ] On formal probation and supervised by: ______________________________

27 [ ] Participating in a collaborative court program (i.e., drug court, etc.)

28 In addition to any reduction from felony to misdemeanor, petitioner additionally requests:

Proposition 47 Petition [PC § 1170.18]; Reply; and Order Page 1

1 [ ] Termination of probation terms and conditions. [ ] Fines and/or fees consideration.

2 [ ] Release from custody and placement on summary/informal/court probation.

3 [ ] Reconsideration and reduction of jail/prison time previously imposed.

4 [ ] Petitioner agrees to have any judge designated by the local Presiding Judge hear this matter

5 and not the judge who imposed the sentence to be reconsidered. (PC § 1170.18(f)-(g)).

6 [ ] Petitioner waives his/her right to be personally present for hearing on this petition in the

event (1) the DA is not objecting, and (2) the Court is willing to grant the relief being requested. 7

[ ] Petitioner respectfully requests a hearing in the event of objections by the DA’s Office. 8

9 Dated: ________________________________ Petitioner/Attorney for Petitioner 10 -------------------------------------------------------- [ ] DA does not objection to Petitioner’s completed felony conviction being reduced to a misdemeanor. 11

[ ] DA agrees Petitioner has completed his/her sentence and felony conviction may be reduced for all

12 purposes without any additional relief required.

13 [ ] DA agrees Petitioner is still serving a sentence, is eligible for reduction, and a hearing should be scheduled for hearing on resentencing. [ ] Arbuckle waiver.14

[ ] DA asserts Petitioner’s conviction(s)/current sentence was/were part of a larger plea bargain where non-

15 Prop 47 charges were dismissed; all original charges should be reinstated.

16 [ ] The DA objects and states that Petitioner is not entitled to Proposition 47 relief because:

17 [ ] Unreasonable risk of danger to public safety. (PC § 1170.18(b)(1-3); (c))

18 [ ] Other: __________________________________________________________.

19 Dated: ________________________________ Deputy District Attorney 20 -------------------------------------------------------- ORDER21

22 [ ] The Petition is GRANTED. Applicable count(s) is/are reduced to misdemeanor(s) for all purposes as follows: _____________________________________________________. 23 [ ] The Petition is set for hearing on ____________ at _______ AM/PM in Dept. _______. 24 [ ] The Petition is DENIED for the following reason(s): ____________________________ 25 ______________________________________________________________________ [ ] Other: _________________________________________________________________ 26 ______________________________________________________________________

27 Dated: ________________________________ Judge of the Superior Court28

Proposition 47 Petition [PC § 1170.18]; Reply; and Order Page 2