CRIMINAL RULE 21: REQUESTS UNDER PROPOSITION 47 (PENAL CODE § 1170.18)

 

A. PETITIONS FOR RESENTENCING (PENAL CODE § 1170.18(a))

B.  PETITIONS FOR REDESIGNATION (PENAL CODE § 1170.18(f))

 

A. PETITIONS FOR RESENTENCING (PENAL CODE § 1170.18(a))

A person currently serving a sentence for a conviction of a felony who requests a recall of the sentence and resentencing as a  misdemeanor  under  Penal  Code  §  1170.18(a)  shall  file  a Petition for Resentencing with the Criminal Clerk’s office at the Hall of Justice in San José, and shall serve a copy on the Santa Clara County District Attorney’s Office, 70 West Hedding St., West Wing, San José, CA 95110. An attorney representing a person shall file the Petition for Resentencing on Attachment CR-6086, with a proof of service. On the Petition, the attorney shall set a date for the resentencing at 9:00 a.m. in Department 29(b) at the Hall of Justice or in such other department as designated by the Supervising Judge – Criminal on a date at least 35 days after the Petition is filed. A self-represented person shall file the Petition for Resentencing on Attachment CR-6087. The self-represented person shall then be notified whether  the  person  is  eligible  for  resentencing  and,  if eligible, shall receive information concerning the resentencing hearing. The back of the self-represented Petition, Attachment CR-6087, contains additional information about the procedures following the filing of the Petition.

B. PETITIONS FOR REDESIGNATION (PENAL CODE § 1170.18(f))

A person who has completed a sentence for a conviction of a felony who requests a redesignation as a misdemeanor under Penal Code § 1170.18(f) shall file a Petition to Redesignate Felony Conviction as Misdemeanor with the Criminal Clerk’s office at the Hall of Justice in San José, and shall serve a copy on the Santa Clara County District Attorney’s Office, 70 West Hedding St., West Wing, San José, CA 95110.  An attorney representing a person shall file the Petition to Redesignate Felony Conviction as Misdemeanor on Attachment CR-6086, with a proof of service.  A self-represented person shall file the Petition to Redesignate Felony Conviction as Misdemeanor on Attachment CR-6087.  A hearing is not required to decide the Petition.  If the attorney or self-represented person does, however, request a hearing, or requests a hearing only if the Petition is opposed, the appropriate box must be checked on Attachment CR-6086 or Attachment CR-6087.  If the Petition is granted, the attorney or self-represented person will receive a copy of the order.  If the person is not eligible for redesignation, the attorney or self-represented person will receive further notice.  The back of the self-represented Petition, Attachment CR-6087, contains additional information about the procedures following the filing of the Petition.

(Effective 1/1/2019)

 

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