ATTACHMENT CR-6086
CR-6086 7/01/15
ATTORNEY
PETITION FOR RESENTENCING or REDESIGNATION OF OFFENSES
AND DISTRICT ATTORNEY RESPONSE (PC § 1170.18(a), (f))
Page 1 of 1
ATTORNEY (Name, State Bar Number, and Address)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
PLAINTIFF:
PEOPLE OF THE STATE OF CALIFORNIA
DEFENDANT:
(FOR COURT USE ONLY)
PETITION TO REDESIGNATE FELONY
CONVICTION AS MISDEMEANOR
(PC §1178.18(f))
PETITION FOR RESENTENCING
(PC §1170.18(a))
CASE NUMBER:
1. Defendant was convicted in this case of the following offenses that would have been misdemeanors if committed on or before
November 5, 2014 (list all eligible counts and code sections) (Attach additional pages.)
2.
Defendant has no prior convictions for offenses that are listed in PC § 667(e)(2)(C)(iv) or that require registration under PC § 290(c).
3. PETITION TO REDESIGNATE FELONY CONVICTION(S) AS MISDEMEANOR(S):
a.
Defendant has completed the sentence in this case (is not in custody or on probation, parole, PRCS, or mandatory
supervision.
b. Defendant hereby petitions to have the eligible felony conviction(s) designated as a misdemeanor(s).
c. A hearing on this petition (check one):
is not requested; is requested; is requested only if the petition is opposed.
4. PETITI
ON TO RECALL FELONY SENTENCE AND RESENTENCE AS MISDEMEANOR(S):
a.
Defendant is in custody in this case at (facility) , and the release date is / / ; or
Defendant is currently on probation on mandatory supervision on parole on PRCS
b.
Defendant hereby petitions to have the sentence recalled and to be resentenced on , 20
at 9:00 a.m. in Dept 31 at the Hall of Justice (r
equested date must be at least 35 days after petition is filed)
5. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief, and that this petition is
executed on (date):
, 20 .
(Attorney for Defendant)
6. DISTRICT ATTORNEY RESPONSE (must be filed within 30 days of service of the petition)
(COURT USE ONLY)
a.
The District Attorney requests that the petition be GRANTED
b.
The District Attorney requests that the petition be DENIED for the following reason(s):
(1)
The defendant has a prior conviction under PC § 667(e)(2)(C)(iv) and/or a conviction
requiring registration under PC § 290(c) (list convictions by docket # and code section)
(2)
The following felony offenses do not qualify for resentencing or redesignation (list each count and code section and
provide a brief explanation)
(3)
The defendant poses an unreasonable risk to public safety as defined in PC § 1170.18(c)
I declare under penalty of perjury
that the foregoing is true and correct to the best of my knowledge and belief and that the response is
executed on (date) , 20 .
D#
Deputy / Assistant District Attorney
Number of pages attached:_____
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