
<p>USAGE ADVISORY/DISCLAIMER: Defendants using this sample should consider whether this simple format, fill-in-the-blank approach is the best option to use. All samples provided by CCAP, including this sample, are collected by CCAP from a variety of sources and a variety of viewpoints. CCAP has not made any attempt to edit or monitor these materials after their initial upload and is not responsible for its content or format. CCAP cannot guarantee the information is complete, accurate, up-to-date, or the best option for you to use. You are advised to conduct your own independent, comprehensive research before using the sample.</p><p>Remove this cover page before using. APPENDIX D: PROPOSED PETITION FOR RESENTENCING1</p><p>IN THE SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF ______</p><p>IN THE MATTER OF THE PETITION OF No.</p><p>______, PETITION FOR RESENTENCING Petitioner. (Pen. Code, § 1170.126)</p><p>TO THE ABOVE-ENTITLED COURT:</p><p>1. I am the petitioner in the above-entitled matter.</p><p>2. I am currently serving a term in state prison as a third strike offender of at least 25 years to life, based on the conviction of a non-serious and non-violent felony, in criminal proceedings in ______County, in case number(s) ______. [Use a separate petition for each county where you received a 25-life sentence as a third strike offender. If you had multiple cases in the county, list all cases.]</p><p>3. I am currently serving a term in state prison of at least 25 years to life because I was convicted of and sentenced on the following crimes: [List each crime for which you received a sentence of at least 25 years to life as a third strike offender. List the code section (for example: "PC 487"), and the name of the crime (for example: "grand theft")]</p><p> a. Code section ______; name ______b. Code section ______; name ______c. Code section ______; name ______d. Code section ______; name ______e. Code section ______; name ______</p><p>4. List each prior strike that was alleged and proved (or admitted) in the case: [List the code section (for example: "PC 211"), and the name of the crime (for example: "robbery")]</p><p> a. Code section ______; name ______1 APPENDIX D is an excerpt from “The Amendment of the Three Strikes Sentencing Law,” article by J. Richard Couzens, Judge of the Superior Court County of Placer (Ret.) and Tricia A. Bigelow, Presiding Justice, Court of Appeal, Second Appellate District, Div. 8. b. Code section ______; name ______c. Code section ______; name ______d. Code section ______; name ______e. Code section ______; name ______f. Code section ______; name ______</p><p>5. My current mailing address is:</p><p>Name: ______Address: ______</p><p>CDCR No. ______</p><p>I declare under penalty of perjury that the foregoing is true and correct.</p><p>Signed on the date indicated below at ______, California.</p><p>Dated: ______Petitioner</p>
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