Fillable CR-180 PETITION FOR DISMISSAL

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CR-180 PETITION FOR DISMISSAL

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CR-180
PEOPLE OF THE STATE OF CALIFORNIA
v.
DATE OF BIRTH:
DEFENDANT:
FOR COURT USE ONLY
CASE NUMBER:
PETITION FOR DISMISSAL
(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.49)
FOR COURT USE ONLY
Date:
Time:
Department:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
should be granted relief in the interests of justice. (Please note: You must explain why granting a dismissal would
be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit
other relevant documents.)
b.
has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of
the land; or
(date):
On , the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the
following offenses:
a.
Code Section
Type of offense: (Felony;
Misdemeanor; Infraction)
Eligible for reduction to
misdemeanor under Penal
Code
§
17(b) (Yes or No)
Eligible for reduction to
infraction under Penal
Code
§ 17(d)(2) (Yes or No)
If additional space is needed for listing offenses, use Attachment to Judicial Council Form (form MC-025).
1.
a.
b.
c.
2.
Felony or misdemeanor with probation granted (Pen. Code, § 1203.4)
has fulfilled the conditions of probation for the entire period thereof;
has been discharged from probation prior to the termination of the period thereof;
should be granted relief in the interests of justice. (Please note: You must explain why granting a dismissal would
be in the interests of justice. You may complete and attach the Attached Declaration (form MC-031) or submit other
relevant documents.)
3.
Misdemeanor or infraction with sentence other than probation (Pen. Code, § 1203.4a)
Probation was not granted; more than one year has elapsed since the date of pronouncement of judgment. The petitioner
has complied with the sentence of the court and is not serving a sentence for any offense or under charge of commission of
any crime; and the petitioner (check one):
Form Approved for Optional Use
Judicial Council of California
CR-180 [Rev. January 1, 2016]
PETITION FOR DISMISSAL
Penal Code, §§ 17(b), 17(d)(2),
1203.4, 1203.4a, 1203.41, and 1203.49
www.courts.ca.gov
Probation was granted on the terms and conditions set forth in the docket of the above-entitled court; the petitioner is not
serving a sentence for any offense, nor on probation for any offense, nor under charge of commission of any crime, and
the petitioner (check all that apply):
Page 1 of 2
CA
In Pro Per
Petitioner requests that he/she be permitted to withdraw the plea of guilty, or that the verdict or finding of guilt be set aside and a
plea of not guilty be entered and the court dismiss this action under section:
1203.4a,1203.4,
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on:
(ADDRESS, PETITIONER) (CITY) (STATE) (ZIP CODE)
(DATE)
u
(SIGNATURE OF PETITIONER OR ATTORNEY)
Page 2 of 2 CR-180 [Rev. January 1, 2016]
PETITION FOR DISMISSAL
Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17(b) and
eligible misdemeanor offenses be reduced to infractions under Penal Code section 17(d)(2).
5.
Felony county jail sentence under Penal Code section 1170(h)(5) (Pen. Code, § 1203.41)
The petitioner is not under supervision under Penal Code section 1170(h)(5)(B) and is not serving a sentence for, on
probation for, or charged with the commission of any offense, and should be granted relief in the interests of justice, and
(check one):
more than one year has elapsed since petitioner completed the felony county jail sentence with a period of
mandatory supervision imposed under Penal Code section 1170(h)(5)(B); or
a.
more than two years have elapsed since petitioner completed the felony county jail sentence without a period of
mandatory supervision imposed under Penal Code section 1170(h)(5)(A).
b.
(Please note: You must explain why granting a dismissal would be in the interests of justice. You may complete and attach
the Attached Declaration (form MC-031) or submit other relevant documents.)
4.
Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49)
The petitioner has completed a term of probation for a conviction under Penal Code section 647(b).
The petitioner should be granted relief because the petitioner can establish by clear and convincing evidence that the
conviction was the result of his or her status as a victim of human trafficking. (Please note: You may complete and attach the
Attached Declaration (form MC-031) or submit other relevant documents to establish that the conviction was the result of
your status as a victim of human trafficking.)
1203.49 of the Penal Code.
1203.41, or
CASE NUMBER:
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-180
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
12/12/2016
CA
Form Approved for Optional Use
Judicial Council of California
MC-031 [Rev. July 1, 2005]
ATTACHED DECLARATION
PLAINTIFF/PETITIONER:
CASE NUMBER:
DEFENDANT/RESPONDENT:
MC-031
(This form must be attached to another form or court paper before it can be filed in court.)
DECLARATION
Date:
(SIGNATURE OF DECLARANT)
(TYPE OR PRINT NAME)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Plaintiff
Other (Specify):
Defendant
Attorney for
Petitioner
Respondent
Page 1 of 1
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the form when finished.
People of the State of California
✔
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
Save This Form
Print This Form
Clear This Form
The court GRANTS the petition for dismissal regarding the following convictions under Penal Code
and it is ordered that the pleas, verdicts, or findings of guilt be set aside
and vacated and a plea of not guilty be entered and that the complaint be, and is hereby, dismissed for:
Form Approved for Optional Use
Judicial Council of California
CR-181 [Rev. January 1, 2016]
ORDER FOR DISMISSAL
Page 1 of 2
Penal Code, §§ 17(b), 17(d)(2), 1203.4,
1203.4a, 1203.41, and 1203.49
www.courts.ca.gov
CR-181
PEOPLE OF THE STATE OF CALIFORNIA
v.
DATE OF BIRTH:
DEFENDANT:
ORDER FOR DISMISSAL
(Pen. Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.49)
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
1. The court GRANTS the petition for reduction of a felony to a misdemeanor (maximum punishment of 364 days per Pen. Code,
§ 18.5) under Penal Code section 17(b) and/or for reduction of a misdemeanor to an infraction under Penal Code section
17(d)(2) and reduces the following convictions:
The court finds from the records on file in this case, and from the foregoing petition, that the petitioner (the defendant in the above-
entitled criminal action) is eligible for the following requested relief:
ALL FELONY CONVICTIONS in the above-entitled action;
Only the following convictions in the above-entitled action (specify charges and date of conviction):
2.
The court DENIES the petition for reduction of a felony to a misdemeanor under Penal Code section 17(b) and/or for reduction of a
misdemeanor to an infraction under Penal Code section 17(d)(2) for:
ALL FELONY CONVICTIONS in the above-entitled action;
Only the following convictions in the above-entitled action (specify charges and date of conviction):
3.
ALL CONVICTIONS in the above-entitled action; or
Only the following convictions in the above-entitled action (specify charges and date of conviction):
4.
The court DENIES the petition for dismissal regarding the following convictions under Penal Code
ALL CONVICTIONS in the above-entitled action; or
Only the following convictions in the above-entitled action (specify charges and date of conviction):
§ 1203.41, or
§ 1203.4, or
§ 1203.41, or§ 1203.4a, or § 1203.49,
§ 1203.4, or
§ 1203.4a, or
§ 1203.49 for:
5.
In granting this order under the provisions of Penal Code section 1203.49:
The court orders the relief described in section 1203.4, or
The court orders the relief described in section 1203.4, with the following exceptions (specify):
a.
b.
The court finds that the petitioner was a victim of human trafficking when he or she committed the crime.
ALL MISDEMEANOR CONVICTIONS in the above-entitled action; OR
ALL MISDEMEANOR CONVICTIONS in the above-entitled action; OR
CA
In Pro Per
FOR COURT USE ONLY
(JUDICIAL OFFICER)
If the order is granted under the provisions of either Penal Code section 1203.4, 1203.4a, 1203.41, or 1203.49, the petitioner is
released from all penalties and disabilities resulting from the offense except as provided in Penal Code sections 29800 and 29900
(formerly sections 12021 and 12021.1) and Vehicle Code section 13555. In any subsequent prosecution of the petitioner for any
other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been
granted or the accusation or information dismissed. The dismissal does not permit a person to own, possess, or have in his or her
control a firearm if prevented by Penal Code sections 29800 or 29900 (formerly sections 12021 and 12021.1). Dismissal of a
conviction does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
8.
9.
In addition, as required by Penal Code section 299(f), relief under Penal Code sections 17(b), 17(d)(2),
1203.4, 1203.4a, 1203.41, or 1203.49 does not release petitioner from the separate administrative
duty to provide specimens, samples, or print impressions under the DNA and Forensic Identification
Database and Data Bank Act (Pen. Code, § 295 et seq.) if petitioner was found guilty by a trier of fact,
not guilty by reason of insanity, or pled no contest to a qualifying offense as defined in Penal Code
section 296(a).
Date:
CASE NUMBER:
PEOPLE OF THE STATE OF CALIFORNIA v DEFENDANT:
CR-181
Page 2 of 2 CR-181 [Rev. January 1, 2016]
ORDER FOR DISMISSAL
6.
If this order is granted under the provisions of Penal Code section 1203.4 or 1203.41:
The petitioner is required to disclose the above conviction in response to any direct question contained in any questionnaire or
application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery
Commission.
Dismissal of the conviction does not automatically relieve petitioner from the requirement to register as a sex offender.
(See, e.g., Pen. Code, § 290.5.)
a.
b.
If the order is granted under the provisions of Penal Code section 1203.49, the Department of Justice is hereby notified that the
petitioner was a victim of human trafficking when he or she committed the crime, and the relief ordered.
7.
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
POS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL
I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing
took place.
My residence or business address is:
On (date): I mailed from (city and state):
the following documents (specify):
I served the documents by enclosing them in an envelope and (check one):
a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b.
The envelope was addressed and mailed as follows:
Name of person served:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)
Form Approved for Optional Use
Judicial Council of California
POS-030 [New January 1, 2005]
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL
Code of Civil Procedure, §§ 1013, 1013a
1.
2.
3.
placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this
business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in
a sealed envelope with postage fully prepaid.
4.
Address of person served:b.
a.
www.courtinfo.ca.gov
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
FAX NO. (Optional):
(Do not use this Proof of Service to show service of a Summons and Complaint.)
The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail—Civil (Persons Served) (POS-030(P)).
The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served)
(form POS-030(D)).
5.
E-MAIL ADDRESS (Optional):
(Proof of Service)
People of the State of California
CA
SELECT COURT
In Pro Per
COURT
Los Angeles
SELECT PROSECUTOR
DISTRICT ATTORNEY
CITY ATTORNEY
5228 Whittier Blvd., Los Angeles, CA 90022
Los Angeles, California
Petition and Order for Dismissal pursuant to Penal Code § 1203.4, Declaration
✔
Code
Section
17(b)
Fel/Misd/Inf
Case Number
1203.49
1203.4
2a
2b
2c
1203.4a
Section
17(d)(2)
3a
3b
4
1203.41
5a
5b
Date of Conviction
County
Court of Conviction
Prosecutor
Server Name
Date Mailed
Date Signed
Client Name
Addres
s
Phone #
State
Zip
City
Case Number
Name on Case
DOB
CA
Los Angeles
COURT
DISTRICT ATTORNEY
CITY ATTORNEY
12/12/2016
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CR-180 PETITION FOR DISMISSAL

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Completed 7 May 2021

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