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Petition for Resentencing (Prop 47) - The Superior Court of

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The document is a legal petition for resentencing under California Penal Code section 1170.18, allowing individuals convicted of certain felonies to request a reduction to misdemeanors. It includes sections for the petitioner to state their eligibility, details about their conviction status, and a response from the District Attorney regarding the petitioner's entitlement to relief. The document also outlines the process for scheduling a hearing.

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What is a motion for recusal in California?

A motion to recuse is a legal motion that asks the court to remove a judge from a case because they may be biased. A motion to recuse a judge can be filed by the prosecutor, the defense attorney, or the plaintiff or defendant in either a criminal or civil case.

What is the resentencing statute in California?

Section 1170(a)(1), which expresses the policies of uniformity, proportionality of terms of imprisonment to the seriousness of the offense, and the use of imprisonment as punishment. It also states that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice.

How does resentencing work in California?

The court may choose to recall the sentence and commitment, and resentence the individual in question as if they had not previously been sentenced. The court may also decide to let the original sentence stand, or may choose to not respond to the referral at all.

What is a motion for resentencing in California?

In California, a motion for resentencing (MFR) is brought by a person who has already been convicted and sentenced for a crime, and who is now asking the court to reduce or modify the sentence. to relax the conditions of probation.

What is Prop 47 resentencing?

Prop 47 Resentencing Information This Act reduces most drug possession offenses and thefts of property valued under $950.00 from felonies to misdemeanors. This does not happen automatically however - it is up to the persons convicted of these offenses to petition/apply to the Court for resentencing as a misdemeanor.

What constitutes a good cause for continuance in California?

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result

Who qualifies for resentencing in California?

Every inmate who was sentenced in California is eligible for resentencing. This includes people who are serving time outside of California, but who were charged under California law and sentenced by a California court.

What types of crimes does Prop 47 reduce the penalties for?

Proposition 47, passed and implemented almost a decade ago, reclassified a number of drug and property offenses (with theft value $950 or less) from felonies to misdemeanors and created a specific misdemeanor shoplifting category in Californias penal code (PC 459.5).

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What is a motion for resentencing in California?

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