ADA
local criminal rule 15

CRIMINAL RULE 15: 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 31 at the Hall of Justice 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.

(Eff. 7/01/15)

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 onAttachment 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 onAttachment CR-6086 orAttachment 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.

(Eff. 7/01/15)




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