Prosecuting Agencys Response To Petition-Application (Health And Safety Code 11361.8) Adult Crimes {CR-402}

CR-402 ATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): STATE: FAX NO.: ZIP CODE: STATE BAR NO.: FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION (Health and Safety Code, § 11361.8) ADULT CRIME(S) FOR COURT USE ONLY Date: Time: Department: PROSECUTING AGENCY RESPONSE The prosecuting agency has no objection to this petition/application. Petitioner/applicant is entitled to the requested relief without a hearing. The prosecuting agency requests a hearing and objects to the granting of the petition/application because: Petitioner/applicant was not convicted of an eligible offense. 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/applicant's eligibility for relief, but requests a hearing on the issue of resentencing. Dated: SIGNATURE OF PROSECUTING ATTORNEY Page 1 of 2 Form Approved for Optional Use Judicial Council of California CR-402 [New July 1, 2017] PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION (Health and Safety Code, § 11361.8) ADULT CRIME(S) Health and Safety Code, § 11361.8 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CR-402 PEOPLE OF THE STATE OF CALIFORNIA v DEFENDANT: CASE NUMBER: PROOF OF SERVICE FOR PROSECUTING AGENCY RESPONSE Method of Service (only one): Personal Service 1. Person serving: I am over the age of 18 and not a party to this action. a. Name: b. Residence or Business Address: c. Telephone: 2. I served a copy of the Petition/Application for Resentencing or Reduction on the person or persons listed below as follows: a. Name of person served: b. Address where served: c. Date Served: c. Time Served: AM PM Mail 3. The documents were served by the following means (specify): a. by personal service. I personally delivered the documents to the persons at the addresses listed in item 2. Delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. b. by United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 2 and (specify one): (1) (2) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: SIGNATURE OF DECLARANT (PRINTED NAME OF DECLARANT) CR-402 [New July 1, 2017] PROOF OF SERVICE FOR PROSECUTING AGENCY RESPONSE Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com