CR-404 Petition/Application for Resentencing and Dismissal (Pen. Code,1170.22). Judicial Council forms-2025

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The document CR-404 is a legal form used in California for petitioning or applying for resentencing and dismissal of a conviction under Penal Code section 1170.22. It outlines the necessary information regarding the petitioner/applicant, details about their conviction, and requests either to recall, resentencing, or dismiss the conviction. The form also includes options for waiving the right to a hearing by the original judge and the right to personal appearance at hearings.

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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.

What is the new resentencing law in California?

Now, AB 600 allows courts to recall a sentence and initiate resentencing at any point in time, if the sentencing laws applicable at the time of sentencing have subsequently changed, including sentencing enhancement laws, strike laws, or any other sentencing rules.

How does resentencing work?

Whether granted by appeal or cooperation, resentencing involves a judge considering many of the same factors when a person was originally sentenced, plus whatever has happened since then. Convicts who have been model inmates and who have substantially cooperated with prosecutors may be given a more lenient sentence.

What is 1172 resentencing in California?

Section 1172.1 - Resentencing requests (a) (1) When a defendant, upon conviction for a felony offense, has been committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or to the custody of the county correctional administrator pursuant to subdivision (h) of Section 1170, the court

How do you recall and resentencing in California?

Historically, a judge had only 120 days to recall a sentence, but under AB 600, that 120-day limitation no longer applies, and a judge can order a resentencing hearing at any time. The CDCR or the District Attorneys office for the county where the inmate was convicted can also recommend that an inmate be resentenced.