Madera — Response to Resentencing / for Reduction to Misdemeanor (MAD-CRM-013)

Source: https://www.madera.courts.ca.gov/system/files/forms-and-filings/mad-crm-013-response-resentencing-reduction-misdemeanor-rev-04-15-2020.pdf

MAD-CRM-013 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF MADERA 200 South G Street Madera, CA 93637 Criminal Division vs. DEFENDANT: DATE OF BIRTH: RESPONSE

FOR RESENTENCING FOR REDUCTION TO MISDEMEANOR
(Pen. Code, § 1170.18(a)) (Pen. Code, § 1170.18(f))
INSTRUCTIONS

• Petitioner must complete Petition and indicate whether a request is made for Resentencing or Reduction to Misdemeanor. • Upon filing, petitioner is required to immediately provide notice by providing a copy of the Petition to the District Attorney. CASE NUMBER: • The District Attorney is required to complete the Response, file with the court, and provide notice by providing a copy to the Petitioner. • If the petitioner is currently in County Jail or State Prison related to this case, District Attorney indicates the petitioner is ineligible, or if either the petitioner or District Attorney requests a hearing as provided below, the court will set a hearing and provide notice of the date, time, and location to the petitioner and District Attorney.

DISTRICT ATTORNEY’S RESPONSE TO PETITION FOR RESENTENCING REDUCTION TO MISDEMEANOR

Having received notice of a petition dated __________________, the District Attorney responds as follows:

A. RESENTENCING

The District Attorney has no objection to this petition. Petitioner is entitled to the requested relief.
A hearing is requested on the resentencing.

Petitioner is not eligible for the requested relief because (select all that apply):
The specified offenses are not eligible under Penal Code § 1170.18.
Petitioner has at least one prior conviction for an offense under Penal Code § 667(e)(2)(C)(iv) or for
an offense requiring registration pursuant to Penal Code § 290(c).
Petitioner poses an unreasonable risk of danger to public safety as defined in Penal Code §
1170.18(c).

B. REDUCTION TO MISDEMEANOR

The District Attorney has no objection to this petition. Petitioner is entitled to the requested relief.
The petitioner is not eligible for the requested relief because:
The specified offenses are not eligible under Penal Code § 1170.18.
The petitioner has at least one prior conviction for an offense under Penal Code § 667(e)(2)(C)(iv)
or for an offense requiring registration pursuant to Penal Code § 290(c).

Date: _ ______________________ _____________________________________ Deputy District Attorney

Form Adopted for Optional Use RESPONSE FOR RESENTENCING FOR REDUCTION TO Page 1 of 1 Madera Superior Court Local Form MISDEMEANOR MAD-CRM-013 [Rev. 04/15/2020]