Notice Of Hearing And Court Order

Cal. Form L-477

California Superior Local Rules

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Address, Telephone No., Email): ATTORNEY FOR (NAME): Bar No.: FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central – 700 Civic Center Drive West, Santa Ana, CA 92701-4045 Harbor – 4601 Jamboree Road, Newport Beach, CA 92660-2595 North – 1275 North Berkeley Avenue, Fullerton, CA 92832-1258 West – 8141 th Street, Westminster, CA 92683-4593 People of the State of California Defendant PETITION FOR RECALL AND RESENTENCING / DISMISSAL AND SEALING NOTICE OF HEARING AND COURT ORDER (PEN.

CODE § 653.29) Case Number(s): I am the defendant attorney for the defendant in the above-entitled action. The defendant/petitioner declares: The defendant is currently serving a sentence imposed on for the total term of in the Orange County Jail California Department of Corrections and Rehabilitation. The defendant was convicted of Penal Code

section 653.22 which now qualifies for relief pursuant to Penal Code

section 653.29. Accordingly, defendant requests that the Court: Recall and resentence the defendant. Vacate the conviction and dismiss the sentence and seal the case. The defendant has served the sentence and requests immediate release from custody. The defendant to remain in-custody to serve the remainder of the sentence as to other counts. The defendant waives resentencing hearing requests to appear remotely authorizes Penal Code

section 977(

a) appearance. requests to be transported from jail/state prison: . CDCR#: The defendant/petitioner declares: The defendant has completed the sentence for a conviction for violating Penal Code

section 653.22 which now qualifies for relief pursuant to Penal Code

section 653.29. Accordingly, the defendant requests the Court to: Dismiss the conviction as it is legally invalid. and seal the case. Date: Type or Print Name Signature of Defendant/ Attorney for Defendant The People’s response: The People agree and do not oppose the relief requested above. The People oppose relief and request a hearing. Date: Type or Print Name – Attorney for the People Signature of Attorney for the People COURT ORDER Pursuant to Penal Code

section 653.29 the Court orders the defendant’s case recalled for resentencing count dismissed and sealed. The Defendant is to: be released from custody forthwith remain in-custody to serve the balance of the sentence as to this case. The matter is hereby set on at for a hearing regarding resentencing the People’s opposition to relief in Dept. Transportation order issued. Date: Signature of Judicial Officer of the Superior Court Optional Use PETITION FOR RECALL AND RESENTENCING / DISMISSAL AND SEALING Form # L-477 NOTICE OF HEARING AND COURT ORDER (PEN. CODE § 653.29) 05/11/2023 Pen. Code § 653.29

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-477
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	13c4518c4882ac79e3e85c377689ebb97845d1aa

Source file is stored in the law ingest library (pdf).