Pen. Code 247 1203.43 PETITION TO WITHDRAW PLEA AND DISMISS COMPLAINT OR INFORMATION AND DISTRICT ATTORNEY RESPONSE (PC 2471203.43) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) ( COURT USE ONLY) SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT CASE NUMBER PETITION TO WITHDRAW DEJ PLEA UNDER P.C. 2471000 AND DISMISS COMPLAINT OR INFORMATION (PENAL CODE 247 1203.43) Defendant was granted deferred entry of judgment on or after 01/01/1997 on the below charge or charges. The below charge orcharges were dismissed pursuant to Penal Code Section 1000.3. Code Section Code Section Code Section PETITION TO WITHDRAW PLEA OF GUILTY OR NOLO CONTENDERE AND DISMISS CHARGE OR CHARGES Defendant completed the requirements for deferred entry of judgment and the charge or charges were dismissed pursuant to PenalCode section 1000.3. Defendant hereby petitions to have the plea of guilty or nolo contendere withdrawn, a plea of not guilty entered,and the charge or charges dismissed. A hearing is requested if the petition is opposed.Court records are available showing the case resolution. [Optional] Court records showing a dismissal are attached. OrCourt records are no longer available. Attached is a state summary of criminal history maintained by the CA Department of Justicethat either shows that the defendant successfully completed the deferred entry of judgment program or that the record is incomplete inthat it does not show a final disposition. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and belief, and that this petition is executed on (date) , 20. Defendant or Attorney for Defendant (COURT USE ONLY)DISTRICT ATTORNEY RESPONSE (must be filed within 30 days of service of the petition) The District Attorney requests that the petition be GRANTED.The District Attorney requests that the petition be DENIED for the following reason(s):The court record does not show that the case was dismissed pursuant to Penal Code section1000.3The court record is no longer available and the Defendant did not submit a summary of criminal history showing either that thedefendant successfully completed the deferred entry of judgment program or that the record is incomplete in that it does not show afinal disposition.I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief, and that this response is executed on (date) , 20. D# Deputy / Assistant District Attorney American LegalNet, Inc. www.FormsWorkFlow.com Pen. Code 247 1203.43 PETITION TO WITHDRAW PLEA AND DISMISS COMPLAINT OR INFORMATION AND DISTRICT ATTORNEY RESPONSE (PC 2471203.43) COURT ORDERS The petition is DENIED. The petition is GRANTED. Pursuant to Pen C 247 1203.43 the plea of guilty or nolo contendere is withdrawn and the charge orcharges are dismissed because the information given to the defendant pursuant to Pen C 247 1000.4 223constitutes misinformation aboutthe actual consequences of making a plea in the case224 and 223based on this misinformation and the potential harm, the defendant222s priorplea is invalid.224 Dated: Judge of the Superior Court American LegalNet, Inc. www.FormsWorkFlow.com