Hearing And Court Order

Cal. Form L-3033

California Superior Local Rules

Optional Use Form # L-3033 08/12/2022 - Revised PETITION FOR RECALL AND RESENTENCING, NOTICE OF HEARING AND COURT ORDER (PENAL CODE §§ 1172.7, 1172.75) 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 vs.

Defendant/Petitioner: PETITION FOR RECALL AND RESENTENCING, NOTICE OF HEARING AND COURT ORDER (PENAL CODE §§ 1172.7, 1172.75) Case Number(s): I am the Defendant/Petitioner Attorney for Defendant/Petitioner in the above-entitled action. Defendant/Petitioner declares: The Defendant/Petitioner is currently serving a sentence imposed on ____________________ for a total term of _____________________ in the Orange County Jail California Department of Corrections and Rehabilitation.

The Defendant/Petitioner was convicted of a prior enhancement which now qualifies for relief pursuant to Penal Code §§ 1172.7 and/or 1172.75. Accordingly, Defendant/Petitioner requests that the court enter an order for recall and resentencing: Sentence as to all base count(

s) to remain. Defendant/Petitioner requests the Court to strike term(

s) imposed on prior(

s) pursuant to: Penal Code § 667.5(

b) Health & Safety Code § 11370.2 Modified total of original sentence: ___________________________ Defendant/Petitioner has served the base term and requests immediate release from custody. Defendant/Petitioner is on Mandatory Supervision. Defendant/Petitioner to remain in-custody to serve the remainder of their new sentence. Defendant/Petitioner waives resentencing hearing Defendant/Petitioner requests to appear remotely Defendant/Petitioner authorizes Penal Code § 977(

b) appearance. Defendant requests to be transported from jail/state prison: __________________________________. CDCR#: _________________ Defendant requests hearing: ___________________________ set on ___________________________. Date: Type or Print Name Signature of Defendant/Petitioner/Attorney for Petitioner People’s response: The People agree and waive hearing. The People agree to hearing requested. The People request a hearing regarding the defendant’s eligibility for requested resentencing.

Date: Type or Print – Attorney for People Signature of Attorney representing the People COURT ORDER The Court hereby orders defendant’s sentence recalled and resentenced pursuant to Penal Code §§ 1172.7 and/or 1172.75. Defendant to be released forthwith terminated from Mandatory Supervision to remain in-custody to serve the balance as to this case. The matter is hereby set on ________________________for a hearing regarding resentencing pursuant to Penal Code §§ 1172.7 and/or 1172.75 in Dept. _______________ at _________________. Transportation Order issued.

Date: ____________________ Signature of Judicial Officer of the Superior Court

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-3033
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	cdae5364cc1fcf7f563f5574d5a64d854e62586c

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