Fillable CR-180 PETITION FOR DISMISSAL (Pen. Code, 17(b), 17(d)(2), (California)

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CR-180 PETITION FOR DISMISSAL (Pen. Code, 17(b), 17(d)(2), (California)

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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, 1203.42, 1203.43, 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):
(date):
On , the petitioner (the defendant in the above-entitled criminal action) was convicted of a violation of the
following offenses or was granted deferred entry of judgment for the following offenses:
Code Section
Type of offense (felony,
misdemeanor, or 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 may explain why granting a dismissal would
be in the interests of justice. You can provide that information by writing in the space below, or by attaching a letter
or other relevant documents. If you need more space for your writing, you can use the Attached Declaration (form
MC-031) and attach it to this petition.)
Form Approved for Optional Use
Judicial Council of California
CR-180 [Rev. January 1, 2019]
PETITION FOR DISMISSAL
Penal Code, §§ 17(b), 17(d)(2), 1203.4, 1203.4a,
1203.41, 1203.42, 1203.43, and 1203.49
www.courts.ca.gov
Probation was granted on the terms and conditions stated in the docket of the above-entitled court; the petitioner is not
serving a sentence for any offense, on probation for any offense, or under charge of commission of any crime, and the
petitioner (check all that apply)
Page 1 of 3
Page 2 of 3 CR-180 [Rev. January 1, 2019]
PETITION FOR DISMISSAL
CASE NUMBER:
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-180
4.
Misdemeanor conviction under Penal Code section 647(b) (Pen. Code, § 1203.49)
should be granted relief in the interests of justice. (Please note: You may explain why granting a dismissal would
be in the interests of justice. You can provide that information by writing in the space below or by attaching a letter
or other relevant documents. If you need more space for your writing, you can use the Attached Declaration (form
MC-031) and attach it to this petition.)
has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of
the land; or
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. 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):
a.
b.
Petitioner has completed a term of probation for a conviction under Penal Code section 647(b) and 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 provide evidence that the conviction was the result of your status as a victim of human trafficking.
You can provide that information by writing in the space below or by attaching a letter or other relevant documents. If you
need more space for your writing, you can use the Attached Declaration (form MC-031) and attach it to this petition.)
Felony county jail sentence under Penal Code section 1170(h)(5) (Pen. Code, § 1203.41)
Petitioner is not under supervision under Penal Code section 1170(h)(5)(B); 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)
5.
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
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).
(Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that
information by writing in the space below or by attaching a letter or other relevant documents. If you need more
space for your writing, you can use the Attached Declaration (form MC-031) and attach it to this petition.)
a.
b.
Petitioner requests that he or 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 the Penal Code section(s) noted above.
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).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(ADDRESS OF PETITIONER)
(CITY) (STATE)
(ZIP CODE)
(SIGNATURE OF PETITIONER OR ATTORNEY)
8.
9.
7.
charge(s) were dismissed under former Penal Code section 1000.3 on (date): . Furthermore (check one),
attached a copy of his or her state summary criminal history information.
court records are available showing the case resolution; or
petitioner declares under penalty of perjury that the charges were dismissed after he or she completed the
requirements for deferred entry of judgment. Petitioner (check one)
Deferred entry of judgment (Pen. Code, § 1203.43)
Petitioner performed satisfactorily during the period in which deferred entry of judgment was granted. The criminal
has
has not
Page 3 of 3 CR-180 [Rev. January 1, 2019]
PETITION FOR DISMISSAL
CASE NUMBER:
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT:
CR-180
Penal Code section 1170(h)(5) (Pen. Code, § 1203.42)
6.
Felony prison sentence that would have been eligible for a felony county jail sentence after 2011 under
Petitioner is not under supervision and is not serving a sentence for, on probation for, or charged with the commission of any
offense; more than two years have elapsed since petitioner completed the felony prison sentence; and petitioner should be
granted relief in the interests of justice.
(Please note: You may explain why granting a dismissal would be in the interests of justice. You can provide that information
by writing in the space below or by attaching a letter or other relevant documents. If you need more space for your writing,
you can use the Attached Declaration (form MC-031) and attach it to this petition.)
a.
b.
(1)
(2)
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CR-180 PETITION FOR DISMISSAL (Pen. Code, 17(b), 17(d)(2), (California)

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Completed 7 May 2021

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