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Petition For Relief Under Penal Code 1203.4 1203.4a 1203.41 SUPCR1110 - California

Petition For Relief Under Penal Code 1203.4 1203.4a 1203.41 Form. This is a California form and can be used in Criminal Santa Cruz Local County .
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PETITIONER OR ATTORNEY: __________________________________ STATE BAR NUMBER: ______________________ ADDRESS: TELEPHONE NUMBER: E-MAIL ADDRESS: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 OCEAN STREET, ROOM 120 SANTA CRUZ, CALIFORNIA 95060 Defendant Name: _______________________ Case Number: _______________ Date of Birth: ____________ PETITION FOR RELIEF UNDER Penal Code §1203.4 PC, § 1203.4a PC, §1203.41 PC Hearing Date: Department: Time: 1. On (date): _______________________ the defendant in the above-entitled criminal action was convicted of a violation of the following (specify code(s) and section(s)): ____________________________________________________________________________________________. 2. The offense was a: Felony Misdemeanor Infraction 3. Felony offense (Penal Code, § 17(B)): (check only applicable) The offense listed above is a felony that may be reduced to a misdemeanor under Penal Code section 17. 4. Offense with formal probation granted (Penal Code, § 1203.4): Probation was granted on the terms and conditions set forth in the docket of the above-entitled court, the defendant is not serving a sentence for, on probation for, or charged with the commission of any offense. The defendant (check all that apply): a. has fulfilled the conditions of probation for the entire period thereof. b. c. has been discharged from probation prior to the termination of the period thereof. should be granted relief in the interest of justice. (Please note: You must explain why granting a dismissal would be in the interest of justice by completing and attaching the optional Attached Declaration (form MC-031).) 5. Offense with sentence other than probation. (Penal Code, §1203.4a): Probation was not granted, more than one year has elapsed since the date of pronouncement of judgment. The defendant has complied with the sentence of the court and is not serving a sentence for any offense nor charged with the commission of any offense. The defendant (select one): a. has lived an honest and upright life since pronouncement of judgment and conformed to and obeyed the laws of the land, or b. should be granted relief in the interest of justice. (Please note: You must explain why granting a dismissal would be in the interest of justice by completing and attaching the Attached Declaration (form MC-031).) 6. The defendant was sentenced to prison at the county jail with no mandatory supervision. (Penal Code, §1203.41): Two years have elapsed since completion of the sentence and the defendant is not under supervision pursuant to 1170(h)(5)(B) PC, and is not serving a sentence for, on probation for, or charged with the commission of any offense. 7. The defendant was placed on mandatory supervision. (Penal Code, §1203.41): One year has elapsed since completion of the sentence and the defendant is not under supervision pursuant to 1170(h)(5)(B) PC, and is not serving a sentence for, on probation for, or charged with the commission of any offense. Petitioner requests that defendant be permitted to withdraw the plea of guilty, or that the verdict of finding of guilt be set aside and a plea of not guilty be entered and the court dismiss this action under section: 1203.4 1203.4a 1203.41 of the Penal Code. 8. Petitioner requests that the felony charge be reduced to a misdemeanor under Penal Code section 17(b). (Check only if applicable) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) (Signature of Petitioner or Attorney) (Address, Defendant) SUPCR1110 (New 7/1/14) PETITION FOR RELIEF UNDER (Optional) (City) (State) (Zip Code) Penal Code §1203.4, §1203.4a, §1203.4.41 American LegalNet, Inc. www.FormsWorkFlow.com
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