Application/petition For Resentencing And People'S Response
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1SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address)
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
PEOPLE OF THE STATE OF CALIFORNIA
vs.
CASE NUMBER:
DEFENDANT
APPLICATION/PETITION FOR RESENTENCING AND PEOPLE’S RESPONSE
(Penal Code § 1170.18, subsections (b) and (g))
DEFENDANT’S APPLICATION/PETITION
On ______________, defendant was convicted in the above-captioned case of a felony violation of a crime that has now been made a misdemeanor
_________________________________________
pursuant to Proposition 47. He/she was convicted of the following felony:
code section(s), including subsection(s)
Defendant does not have any conviction for an offense listed in Penal Code § 667(e)(2)(C)(iv) or which requires registration as a sex
offender pursuant to Penal Code § 290(c).
For Penal Code convictions only:
The amount in question is not more than $950.
For Penal Code § 666 convictions only:
Defendant is not required to register under any portion of the Sex Offender Registration Act (Penal Code §§ 290 through 290.024).
Applications Only
Defendant has completed his/her sentence for the offense and requests that the felony conviction be designated a misdemeanor conviction
pursuant to Penal Code § 1170.18(f)-(i).
Petitions Only
Defendant requests that the felony sentence be recalled and that he/she be resentenced to a misdemeanor pursuant to Penal Code
§ 1170.18(a)-(e).
Defendant is still on supervision even though he/she has
Defendant is currently serving a sentence for the offense in
completed the jail or prison term.
OR
________________________________________________
Defendant requests that he/she be released from parole per
(name of jail or prison)
Penal Code § 1170.18(d).
Resentencing the defendant would not pose an unreasonable risk of danger to public safety, as defined in Penal Code § 1170.18(c).
Date
Defendant or Attorney for the Defendant
DISTRICT ATTORNEY’S RESPONSE
People do not oppose. Defendant has completed his/her sentence and is eligible to have the felony conviction designated as a misdemeanor
conviction.
People do not oppose. Defendant is still serving his/her sentence and is eligible and suitable for resentencing. The People recommend the
________________________________________________________________________________
following sentence:
People waive presence at resentencing.
People oppose. Defendant is ineligible for the relief requested:
Defendant’s current conviction for ___________________________________________________does not qualify for Proposition 47 relief.
Defendant is required to register pursuant to Penal Code § 290(c), or pursuant to Penal Code §§ 290 to 290.024 if the conviction is for Penal
Code § 666.
Defendant has a prior conviction for an offense listed in Penal Code § 667(e)(2)(C)(iv): _________________________________________
People oppose. Defendant is eligible, but unsuitable for resentencing because resentencing the defendant poses an unreasonable risk of danger to
public safety pursuant to Penal Code § 1170.18(c). People request that a suitability hearing be set.
Date
Deputy District Attorney
Adopted for Use
Superior Court of California, County of Los Angeles
APPLICATION/PETITION FOR RESENTENCING, RESPONSE (PC § 1170.18(b) and (g))
CRIM 235 (Rev. 02/15)
Clear
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