Petition-Application (Prop 64) {JV001}

ATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): STATE BAR NO.: FOR COURT USE ONLY STATE: FAX NO.: ZIP CODE: SUPERIOR COURT OF CALIFORNIA, COUNTY OF TEHAMA STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CASE NAME: CASE NUMBER: JUVENILEPETITION/APPLICATION (Prop. 64 ­ Health and Safety Code, § 11361.8(m)) FOR COURT USE ONLY 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. · Use this form to ask the court to change your dispositional orders or redesignate your marijuana-related offense. · Use a separate petition/application for each charge that you want the court to take action on. · You must file this form in the county where your marijuana-related offense was adjudicated. · You need to use a different form if you also have eligible adult offenses. · If you are currently on wardship probation for a qualified offense, you need to fill out sections 1 and 2. · If you have completed probation, you need to fill out sections 1 and 3. · Complete sections 4 and 5 as necessary. · When you file this form, ask the court clerk if a formal hearing on the petition/application will be scheduled. · When you file the petition/application with the court, the court will then serve the petition on the probation department and the prosecuting agency. 1. OFFENSE INFORMATION On (date): Petitioner was found to come within the jurisdiction of the court under Welfare and Institutions Code 11357 11358 11359 Section 602 for a violation of Health and Safety Code section 11360 , which has been reclassified as an infraction when committed by a person under the age of 18 under Proposition 64. Petitioner Date of birth: Petitioner further declares that the nature of the substance which resulted in the adjudication was: marijuana not in the form of concentrated cannabis; Other : concentrated cannabis; marijuana plants; Petitioner further declares that the quantity of the substance that resulted in the adjudication was: not more than 28.5 grams of marijuana not in the form of concentrated cannabis; not more than 4 grams of marijuana in the form of concentrated cannabis; not more than 8 grams of marijuana in the form of concentrated cannabis; not more than 6 marijuana plants. 2. REQUEST FOR A NEW DISPOSITIONAL ORDER (RESENTENCING) Petitioner is currently subject to a dispositional order of the court for the offense noted above, and requests that the order be recalled and relief be granted in accordance with Health and Safety Code section 11361.8(b). Page 1 of 2 JV001 ­ Juvenile Petition/Application (Prop. 64 ­ Health and Safety Code, 11361.8(m) (11/16) PETITION/APPLICATION American LegalNet, Inc. www.FormsWorkFlow.com CASE NAME: CASE NUMBER: 3. REQUEST FOR REDESIGNATION Wardship has been terminated for the offense noted above, and petitioner requests the court's dispositional order be recalled and relief be granted in accordance with Health and Safety Code section 11361.8(f). 4. WAIVER OF HEARING BY ORIGINAL SENTENCING JUDGE Petitioner waives the right to have this matter heard by the original sentencing judge. The presiding judge of the court may designate any judge to rule on this matter. 5. WAIVER OF APPEARANCE Petitioner understands there is a right to personally attend any hearing held in this matter. Petitioner gives up that right; the matter may be heard without his/her appearance. Date: SIGNATURE OF PETITIONER 6. 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 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. Other: 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. 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. Date: SIGNATURE OF PROSECUTING AGENCY JUVENILE PETITION/APPLICATION Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com