Application For Redesignation As Misdemeanor Form. This is a California form and can be use in Santa Cruz Local County.
Tags: Application For Redesignation As Misdemeanor, SUPCR1113, California Local County, Santa Cruz
ATTORNEY OR PARTY WITHOUT ATTORNEY ( Name, State Bar number, and address ): TELEPHONE NO: FAX NO. (Optional) E - MAIL ADDRESS ( Optional ): ATTORNEY FOR ( Name ): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 120 Santa Cruz, Ca 95060 Santa Cruz Branch PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT : D ATE OF BIRTH: APPLICATION FOR REDESIGNATION AS MISDEMEANOR (Penal Code 247 1170.18 (f)) CASE NUMBER: Page 1 of 2 Penal Code 2471170.18(f) SUP CR 1113 Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1113 Rev. 11 /0 2 /1 8 APPLICATION FOR REDESIGNATION AS MISDEMEANOR 1. On (date) Applicant, the defendant in the above - entitled criminal action, was convicted of the following felony offense ( s ) that have now been reclassified as misdemeanors (specify code(s) and section(s)): 2. Defendant alleges he/ she h as completed his/her sentence and applies to have the felony offense (s) designated as misdemeanor(s) . 3. Defendant is incarcerated on anoth er case and is currently housed in: 4. Defendant u nderstands the following requirements pursuant to 1170.18 (check each box) : a. A copy of this application will be served on the immediately after filing this application with the Court . It may take a minimum of 30 court days for the Court to process and review this application. The applicant will be contacted by the Court once a determination is made. Unless requested by the applicant, no hearing is necessary . b. Any felony conviction that is designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such redesignation shall not permit that person to own, possess, or have in his or her custody or control any firearms or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 Part 6. 5. Defendant understands that it is their responsibility to pay any outstanding fines or fees owed on the case even if the offense i s reclassified as a misdemeanor, unless instructed otherwise by the Court. 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 applicat ion is executed on date: in the (City/County) of , State of . Signature of applicant: American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2 Penal Code 2471170.18(f) PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT : CASE NUMBER : Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1113 Rev. 11 /0 2 /1 8 APPLICATION FOR REDESIGNATION AS MISDEMEANOR Instructions for use of this form: Applications for redesignation must be filed within three years after the effective date of the law (November 5, 2014) or at a later date upon a showing of good cause. Applications must be filed with the trial court that entered the original judgment. If the trial co urt determines that the applicant is eligible for redesignation, the court shall designate the felony offense(s) as a misdemeanor. Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f). After you have filed a n application 30 court days) to review your case and provide information to the court about your eligibility. The following list of felony offen ses are considered disqualifying offenses and shall prevent a defendant from being redesignated : Any "sexually violent offense" (W&I 2476600(b)): Any following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury, or threatening to retaliate in the future: A) rape (PC 247261), rape of a spouse (PC 247262) rape, rape of a spouse or penetration by foreign object in concert (PC 247261.4) sodomy (PC247286) lewd or lascivious act on child or dependent person (PC 247288) oral copulation (PC247288a) continuous sexual abuse of a child (PC 247288.5) penetration by foreign object (PC 247289) Any of the following when committed with intent to commit an offense listed in A): B) kidnapping (PC 247207) aggravated kidnapping (PC 247209) assault (PC 247220) Oral copulation, sodomy, or sexual penetration with a child under 14 and more than 10 years younger than defendant (PC 247288a, Pc 247286, PC 247289) A lewd or lascivious act with a child under 14 (PC 247288) Any homicide or attempted homicide (PC 247187 - 191.5) Solicitation to commit murder (PC 247653 f) Assault with a machine gun on peace officer or firefighter (PC 247245(d)(3)) Possession of a weapon of mass destruction (PC 24711418(a)(1)) Any serious or violent felony punishable in California by life imprisonment or death Any offense requiring lifetime sex offender registration under PC 247290(c) American LegalNet, Inc. www.FormsWorkFlow.com