Form Tcsc Crm-1170.18 Petition For Resentencing-Response And Order - County Of Tulare
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1SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF TULARE
(COURT USE ONLY)
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number and address):
Address
Name
State Bar Number
TELEPHONE NO:
FAX NO:
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
PLAINTIFF
PEOPLE OF THE STATE OF CALIFORNIA
DEFENDANT:
SUPERIOR COURT CASE NUMBER
DOB:
In Custody
PETITION FOR RESENTENCING – RESPONSE AND ORDER
DISTRICT ATTORNEY NUMBER
(PC 1170.18)
Defendant in the above-captioned case filed a petition for resentencing on the felony count(s) of ______________________________
Pursuant to Pen. Code §1170.18.
Defendant alleges s/he:
Has completed his/her sentence and petitions to have the felony count(s) designated as a misdemeanor(s).
Is still serving a sentence on the felony count(s) and petitions for resentencing.
PD Arbuckle Waiver Given
DA Arbuckle Waiver Given
The District Attorney’s Response:
Defendant is not entitled to the relief requested. Reason: _______________________________________________________
______________________________________________________________________________________________________
A hearing should be held to determine
whether defendant poses an unreasonable risk of danger to public safety.
other: _____________________________________________________________________________________________
Defendant has completed his/her sentence and is entitled to have the felony conviction(s) designated as a misdemeanor(s).
Defendant is still serving his/her sentence and is entitled to resentencing.
Date: ____________________________
___________________________________________
mm/dd/yyyy
Deputy District Attorney
Recommendation of the Probation Officer
The matter be reduced to a misdemeanor pursuant to 1170.18 PC.
The matter be reduced to a misdemeanor pursuant to 1170.18 PC and the defendant be placed on summary probation, subject to all prior terms
and conditions.
Probation be terminated and the defendant discharged as to this case only. Defendant remain responsible for the payment of fines, fees and
victim restitution.
Sentence pursuant to 1170(h)(5) be recalled and the defendant be discharged as to this case only. Defendant remain responsible for the
payment of fines, fees and victim restitution.
Sentence pursuant to 1170(h)(5) be recalled and the matter be reduced to a misdemeanor pursuant to 1170.18PC and the defendant be placed
on summary probation subject to prior terms and conditions.
The defendant is currently in the custody of the California Department of Corrections and if eligible for release based on this order, the
defendant:
Be released subject to State Parole for a period of one (1) year.
Period of State Parole is waived.
Pursuant to Penal Code Section 1170.18(k) Any felony conviction that is recalled and resentenced under subdivision(b) or
designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such
resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his
or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
ORDER
The Petition is denied.
The Court adopts the recommendation of the Probation Department.
The matter is ordered set for hearing or resentencing on ___________________, at 1:30 p.m. in Department _____ of the:
mm/dd/yyyy
Visalia Division, County Civic Center, 221 S Mooney Blvd, Visalia, CA 93291
South County Justice Facility, 300 E Olive Ave, Porterville, CA 93257
Date: ________________________________
________________________________________________
mm/dd/yyyy
Judge of the Superior Court
PETITION FOR RESENTENCING-RESPONSE AND ORDER
TCSC CRM-1170.18 (New 11/14)
Pen. Code §1170.18
(PC 1170.18)
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