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ATTACHMENT CR-6087 SUPERIOR COURT OF CALIFORNIA COUNTY OF (The Superior Court of California, County of Santa Clara)

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ATTACHMENT CR-6087
CR-6087 REV 7/01/15
SELF-REPRESENTED
PETITION FOR RESENTENCING or REDESIGNATION OF
OFFENSES
(PC § 1170.18(a), (f))
Page 1 of 2
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
PLAINTIFF:
PEOPLE OF THE STATE OF CALIFORNIA
DEFENDANT Self-Represented
Name:
Street Addr
ess:
City, State, Zip Code:
Phone:
FOR COURT USE ONLY
PETITION TO REDESIGNATE FELONY
CONVICTION AS MISDEMEANOR
(PC §1178.18(f))
(Use when sentence is completed and you
are not on probation, parole, or supervision)
PETITION FOR RESENTENCING
(PC §1170.18(a))
(Use when you are still in custody or
on probation or supervision
)
CASE NUMBER:
1. I am the Defendant in the above-captioned case and was convicted of the following offenses (list all counts that you think are
eligible for resentencing or redesignation):
2.
The value of stolen property or checks does not exceed $950.
3.
I have never been convicted of any of the “Disqualifying Offenses” listed on the back of this petition.
4.
A copy of this petition has been served on the Santa Clara County District Attorney, 70 West Hedding St., West Wing, San José,
CA 95110.
5. PETITION TO REDESIGNATE FELONY CONVICTION(S) AS MISDEMEANOR(S):
a.
I have completed my sentence and am no longer on probation, parole, Post Release Community Supervision, or Mandatory
Supervision. I hereby petition to have the eligible felony conviction(s) designated as a misdemeanor(s).
b. A hearing is not required to decide the petition. I (check one of the following boxes) do not request a hearing on this petition;
request a hearing on this petition; request a hearing only if the petition is opposed.
6. PETITION TO RE
CALL FELONY SENTENCE AND RESENTENCE AS MISDEMEANOR(S):
a.
I am in custody at , and my release date is / / ; or
I am out of custody and on parole on formal probation on PRCS or mandatory supervision.
b.
I hereby petition to have my sentence recalled and to be resentenced.
7. I understand that if my petition is granted, I will still be prohibited from owning, possessing, or having custody or control of
any firearm.
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 .
(Signature of Petiti
oner)
8. 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
To keep other people from
seeing what you have
entered, please press the
Reset Form button at the
end of this form when
finished.
ATTACHMENT CR-6087
CR-6087 REV 7/01/15
SELF-REPRESENTED
PETITION FOR RESENTENCING or REDESIGNATION OF
OFFENSES
(PC § 1170.18(a), (f))
Page 2 of 2
PEOPLE OF THE STATE OF CALIFORNIA v.
DEFENDANT:
CASE NUMBER:
A copy of the Petition must be served on the District Attorney by mailing a copy to the address on the front of this
petition, or by asking the clerk to place a copy in the District Attorney pick-up box in the clerk’s office.
Petition to Redesignate Felonies as Misdemeanors – Additional Information
The Court will issue an order on your petition within 60 days. A hearing is not required to decide your petition.
If your petition is granted, you will receive a copy of the order for your records.
If the Court finds that you are not eligible to have your felonies reduced, you may receive a written order explaining
the reason your petition was denied. If you wish to do so, you may request a hearing within 30 days of that notice and
will receive written notification of the date and time to appear in court.
Petition for
Resentencing – Additional Information
If the Court finds that you are eligible for resentencing, counsel may be appointed to represent you and will contact
you directly at the address you have provided. (You may wish to include a telephone number for this purpose.)
If you are ineligible for resentencing you will receive a written order explaining the reason your petition is being
denied. If you wish to do so, you may request a hearing within 30 days of that notice, and will receive written
notification of the date and time to appear in court.
LIST OF DISQUALIFYING OFFENSE
S (Penal Code § 667(e)(2)(C)(2)(iv), Penal Code §290(c))
Any “sexually violent offense” (W&I §6600(b)):
Any of the following acts when committed by force, violence, duress, menace, fear of
immediate and unlawful bodily injury or threatening to retaliate in the future:
(A)
rape (PC §261)
rape of a spouse (PC §262)
rape, rape of a spouse or penetration by foreign object in concert (PC §261.4)
sodomy (PC §286)
lewd or lascivious act on child or dependent person (PC §288)
oral copulation (PC §288a)
continuous sexual abuse of a child (PC §288.5)
penetration by foreign object (PC §289)
Any of the following when committed with intent to commit an offense listed in (A)
(B)
kidnapping (PC §207)
aggravated kidnapping (PC §209)
assault (PC §220)
Oral copulation, sodomy, or sexual penetration with a child under 14 and more than 10
years younger than defendant (PC §288a, PC §286, or PC §289)
A lewd or lascivious act with a child under 14 (PC §288)
Any homicide or attempted homicide (PC §187 – 191.5)
Solicitation to commit murder (PC §653f)
Assault with a machine gun on peace officer or firefighter (PC §245(d)(3))
Possession of a weapon of mass destruction (PC §11418(a)(1))
Any serious or violent felony punishable in California by life imprisonment or death
Any offense requiring lifetime sex offender registration under PC § 290(c)
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ATTACHMENT CR-6087 SUPERIOR COURT OF CALIFORNIA COUNTY OF (The Superior Court of California, County of Santa Clara)

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Completed 29 June 2021

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