EXPEDITED PETITION FOR WRIT OF HABEAS

afece1da5437c27e90645811d1a0c350b4ce21bc

California Superior Local Rules

Name: Address: CDC or ID Number: (Court) EXPEDITED PETITION FOR WRIT OF HABEAS CORPUS (PROP. 47 RELATED) Petitioner vs. No.

Respondent INSTRUCTIONS—READ CAREFULLY • If you are challenging an order of commitment or a criminal conviction and are filing this petition in the Superior Court, you should file it in the county that made the order. • If you are challenging the conditions of your confinement and are filing this petition in the Superior Court, you should file it in the county in which you are confined. • Read the entire form before answering any questions. • This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and correct.

Because the petition includes a verification, the making of a statement that you know is false may result in a conviction for perjury. • Answer all applicable questions in the proper spaces. If you need additional space, add an extra page and indicate that your answer is ''continued on additional page." • If you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies. Many courts require more copies. • Notify the Clerk of the Court in writing if you change your address after filing your petition.

PETITION FOR WRIT OF HABEAS CORPUS This petition concerns: A resentencing due to previously granted Prop. 47 relief 1. Your name: 2. Where are you incarcerated? 3. Why are you in custody? Criminal conviction Civil commitment Answer items a through i to the best of your ability. a. State reason for civil commitment or, if criminal conviction, state nature of offense and enhancements (for example, ''robbery with use of a deadly weapon''). b. Penal or other code sections: c. Name and location of sentencing or committing court: d. Case number: e. Date convicted or committed: f. Date sentenced: g.

Length of sentence: h. When do you expect to be released? i. Were you represented by counsel in the trial court? Yes 4. What was the LAST plea you entered? (Check one): No If yes, state the attorney's name and address: Not guilty Guilty Nolo contendere Other: 5. If you pleaded not guilty, what kind of trial did you have? Jury Judge without a jury Submitted on transcript Awaiting trial PETITION FOR WRIT OF HABEAS CORPUS 6. GROUNDS FOR RELIEF Ground 1: State briefly the ground on which you base your claim for relief.

For example, ''The trial court imposed an illegal enhancement.'' (If you have additional grounds for relief, use a separate page for each ground. State ground 2 on page 4. For additional grounds, make copies of page 4 and number the additional grounds in order.) a. Supporting facts: Tell your story briefly without citing cases or law. If you are challenging the legality of your conviction, describe the facts on which your conviction is based. If necessary, attach additional pages. CAUTION: You must state facts, not conclusions.

For example, if you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or failed to do and how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition. (See In re Swain (1949) 34 Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when) or place (where). (If available, attach declarations, relevant records, transcripts, or other documents supporting your claim.) b.

Supporting cases, rules, or other authority (optional): (Briefly discuss, or list by name and citation, the cases or other authorities that you think are relevant to your claim. If necessary, attach an extra page.) PETITION FOR WRIT OF HABEAS CORPUS l, the undersigned, say: I am the petitioner in this action. I declare under penalty of perjury under the laws of the State of California that the foregoing allegations and statements are true and correct, except as to matters that are stated on my information and belief, and as to those matters, I believe them to be true. Date: (SIGNATURE OF PETITIONER)

Document details

Collection	California Superior Local Rules
Citation	afece1da5437c27e90645811d1a0c350b4ce21bc
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	afece1da5437c27e90645811d1a0c350b4ce21bc

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