San Mateo — Application of Deft. for the Court to Declare Conviction Offense a Misdemeanor

Source: https://sanmateo.courts.ca.gov/system/files/local-forms/cr-40_application_deft_court_declare_conviction_offense_misdemeanor.pdf

SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN MATEO

Street Address: 400 County Center FOR COURT USE ONLY City and Zip Code: Redwood City, CA 94063-1655 Telephone: (650) 261-5200 Attorney or Party without Attorney (Name and Address)

Telephone No:

Attorney for Name: THE PEOPLE OF THE STATE OF CALIFORNIA vs.

Defendant

APPLICATION OF DEFENDANT FOR THE COURT CASE NUMBER

TO DECLARE THE OFFENSE FOR WHICH HE/SHE WAS CONVICTED A MISDEMEANOR AFTER PROBATION HEARING DATE: ENDS; DEPT. TIME ORDER (Penal Code Sec. 17 b 3)

I, the undersigned applicant, declare:

1. I am the defendant in the above-entitled criminal action.

2. On ________________________, I was convicted of the following felony offense(s):

This crime is punishable by imprisonment in prison, county, jail or fine.

3. As a result of that conviction, I was put on probation and my period of probation ended

on ________________________.

4. During the entire period I was on probation, I fulfilled all of the conditions of

probation.

WHEREFORE, applicant requests that the Court declare this offense(s) to be a

misdemeanor(s).

I declare under penalty of perjury under the laws of the State of California that the foregoing is

true and correct.

Dated: _____________________________ ________________________________________ Defendant

CR-40 [Rev. 6/04] Page 1 of 2 www.sanmateo.courts.ca.gov

SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN MATEO

ORDER DECLARING OFFENSE TO BE MISDEMEANOR

1. The application that the court declares this offense(s) to be misdemeanor(s) under Penal Code §17 b 3 came on for hearing as follows:

   a.a.a.a. Date:Date:Date:Date: Dept:Dept:Dept: Div:Div: Room:

   b. Judge (name):

   c. □ Defendant present in court (Name):

   d. □ Defendant’s attorney present in court (Name):

   e. □ District Attorney present in court (Name):

   f. □ Probation officer present in court (Name):

   g. □

   Copies of the notice of hearing and defendant’s application were served on all of the above- named offices.

2. It appearing to the Court from the records on file in this case, and from the defendant’s application and any information submitted by the District Attorney and the Probation

   Department regarding this application, that defendant is eligible to have this offense declared a misdemeanor.

3. The Court declares that the offense(s) listed above on the application of the defendant is / are to be misdemeanor(s).

4. Pursuant to Penal Code §13151, this court shall furnish a disposition report to the Department of Justice and to the law enforcement agency that had primary jurisdiction to investigate the offense alleged in the complaint that informs them of the terms of this order.

   DATED: _________________________________________ JUDGE OF THE SUPERIOR COURT

CR-40 [Rev. 6/04] Page 2 of 2 www.sanmateo.courts.ca.gov