ATTACHMENT CR-6088
CR-6088 7/01/15
WAIVER AND STIPULATION FOR RESENTENCING
or REDESIGNATION OF OFFENSES
(PC § 1170.18)
Page 1 of 1
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
PLAINTIFF:
PEOPLE OF THE STATE OF CALIFORNIA
DEFENDANT:
WAIVER AND STIPULATION FOR RESENTENCING or
REDESIGNATION OF OFFENSES (Penal Code §1170.18)
CASE NUMBER:
THE DISTRICT ATTORNEY AND DEFENDANT, HAVING REVIEWED THE DEFENDANT’S ENTIRE CRIMINAL HISTORY RECORD
AND RECORD OF THE CURRENT CONVICTION, HEREBY STIPULATE AND AGREE:
1. Any
right to have the petition for resentencing decided by the original sentencing court is waived.
2. The following felony offenses would have been misdemeanor offenses if committed before November 5, 2014 (list all eligible counts
and code sections)
3. The defenda
nt has no prior convictions that are listed in Penal Code
§667(e)(2)(C)(2)(iv), or that require sex offender registration under
Penal Code §290(c).
4. PETITION FOR RESENTENCING:
a.
The defendant is currently in custody at His/her expected release date is / /
on parole on probation on PRCS on Mandatory Supervision
b.
The defendant does not pose an unreasonable risk to public safety, as defined in Penal Code §1170.18(c).
c.
The District Attorney has provided the required notice to any victim(s) under Marsy’s Law.
d.
The defendant is eligible to be resentenced under Penal Code §1170.18(b) and requests a hearing for that purpose on
Date:
, 20 at a.m. p.m. in Department No:
5. PETITION FOR REDESIGNATION OF OFFENSES:
a.
The defendant has completed his/her sentence and is not in custody in this case or on probation, parole, PRCS, or mandatory
supervision.
b.
The defendant is eligible to have the felony convictions listed above be designated as misdemeanors under Penal Code
§1170.18(f) and the Court may issue an order redesignating those offenses without a hearing.
I declare under penalty
of perjury that the foregoing is true and correct to the best of my knowledge and belief.
Da
te:
Date: D#
Defendant or Attorne
y for Defendant District Attorney
COURT ORDERS
The Petition is DENIED.
The Petition for resentencing of offenses is GRANTED. The matter is calendared for resentencing as requested in item 4 above.
The Petition for redesignation of offenses is GRANTED. The felony offenses listed in item 2 are hereby designated misdemeanors for
all purposes except as provided in Penal Code §1170.18(k).
(Other orders):
Judic
ial Officer of the Superior Court
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