JV-744 PARTY WITHOUT AN ATTORNEY OR ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): STATE: FAX NO.: ZIP CODE: STATE BAR NO. (if applicable): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CASE NAME: CASE NUMBER: REQUEST TO REDUCE JUVENILE MARIJUANA OFFENSE (Prop. 64­Health and Safety Code, § 11361.8(m)) Date: Time: Department: INSTRUCTIONS · Use this form if you went to court for a marijuana-related offense when you were under the age of 18 and you want your record changed. You need to use a different form if you were 18 or older at the time of the offense. · You need to use a separate form for each juvenile marijuana offense on your record. · If this form asks for information that you do not have, you can contact your attorney. If you don't have an attorney, the public defender's office or the court in the county where you went to court can probably help you get these records. · How to fill out the form without an attorney: A. Put your name and contact information in the box at the top of the form and in item 1 below. B. Put the address of the court from your court papers here. This form must be filed in the county where you went to court for this offense. C. Fill out number 2 about the marijuana offense. D. If you are on probation now for the marijuana offense, also check number 3 to ask the judge to make new dispositional orders (a new sentence) based on the new law. The new orders cannot be more severe than your original sentence. E. If you have completed probation for the marijuana offense, check number 4 to ask the judge to redesignate your offense to an infraction. So, if it was a misdemeanor or a felony, it will now be classified like a traffic ticket. F. You can check number 5 if you are willing to have any available judge hear your request. If you check that box the presiding judge may have a different judge hear your request. G. A hearing is not required unless you request it. You can check one of the boxes in number 6 if you want the court to set a hearing. H. You can check number 7 if you do not want to come to court if there is a hearing. For more information about Proposition 64 and filling out this form, go to www.courts.ca.gov/prop64.htm. 1. MY INFORMATION My name is: I was born on (date): 2. OFFENSE INFORMATION On (date): I was found to come within the jurisdiction of the court under Welfare and Institutions Code section 602 for a violation of Health and Safety Code section (check one) 11357--Possession of Marijuana 11358--Cultivation of Marijuana 11359--Possession of Marijuana for Sale 11360--Transportation, Distribution, or Importation of Marijuana This offense has been reclassified as an infraction when committed by a person under the age of 18 under Proposition 64. At the time of the offense, I was under the age of 18. Page 1 of 2 Form Approved for Optional Use Judicial Council of California JV-744 [New January 23, 2017] REQUEST TO REDUCE JUVENILE MARIJUANA OFFENSE Health and Safety Code, § 11361.8 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com JV-744 CASE NAME: CASE NUMBER: 3. REQUEST FOR A NEW DISPOSITIONAL ORDER (RESENTENCING) I am currently subject to a dispositional order (on probation) for the marijuana offense in number 2. I request that the order be recalled and relief be granted in accordance with Health and Safety Code section 11361.8(b) so that I will be resentenced. 4. REQUEST FOR REDESIGNATION I am no longer a ward of the court (probation completed) for the marijuana-related offense in number 2. I request the court's dispositional order be recalled and relief be granted in accordance with Health and Safety Code section 11361.8(f) so that the offense will be redesignated as an infraction. 5. WAIVER OF HEARING BY ORIGINAL SENTENCING JUDGE I know that I have the right to have this matter heard by the judge who originally sentenced me. I am willing to have any available judge hear the case. 6. REQUEST FOR HEARING I request a hearing if the prosecuting agency opposes my application. I understand that by checking this box, the court will set a hearing only if it is opposed by the Prosecution/Prosecution Agency. I request that the court set a hearing even if my application is not opposed by the Prosecution/Prosecution Agency. 7. WAIVER OF APPEARANCE I understand that I have a right to personally attend any hearing held in this matter and argue on my behalf. I give up that right. The case may be heard without my appearance. Date: SIGNATURE OF PETITIONER File this form with the court. The court will send a copy to the probation department and to the prosecuting agency to respond. TO BE FILLED OUT BY THE PROSECUTING AGENCY 8. PROSECUTING AGENCY RESPONSE The prosecuting agency has no objection to this petition. Petitioner is entitled to the requested relief without a hearing. The prosecuting agency does not object to the petitioner's eligibility for relief, but requests a hearing on the issue of a new dispositional order. The prosecuting agency requests a hearing and objects to the granting of the petition because: The prosecuting agency does not agree that the petition should be granted because the offense for which petitioner was found to be within the jurisdiction of the court under Welfare and Institutions Code section 602 is not eligible for the requested relief under Health and Safety Code section 11361.8. Petitioner is eligible for relief, but relief should be denied because petitioner presents an unreasonable risk of danger to public safety if he/she is resentenced. Other : Date: SIGNATURE OF PROSECUTING AGENCY JV-744 [New January 23, 2017] REQUEST TO REDUCE JUVENILE MARIJUANA OFFENSE Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com