Form CR-402 "Prosecuting Agency's Response to Petition/Application (Health and Safety Code, 11361.8) Adult Crime(S)" - California

What Is Form CR-402?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2017;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form CR-402 by clicking the link below or browse more documents and templates provided by the California Superior Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form CR-402 "Prosecuting Agency's Response to Petition/Application (Health and Safety Code, 11361.8) Adult Crime(S)" - California

Download PDF

Fill PDF online

Rate (4.6 / 5) 46 votes
CR-402
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO.:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
PEOPLE OF THE STATE OF CALIFORNIA
v.
DEFENDANT:
CASE NUMBER:
PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION
(Health and Safety Code, § 11361.8)
FOR COURT USE ONLY
ADULT CRIME(S)
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
PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION
Health and Safety Code, § 11361.8
Judicial Council of California
www.courts.ca.gov
(Health and Safety Code, § 11361.8)
CR-402 [New July 1, 2017]
ADULT CRIME(S)
CR-402
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO.:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
PEOPLE OF THE STATE OF CALIFORNIA
v.
DEFENDANT:
CASE NUMBER:
PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION
(Health and Safety Code, § 11361.8)
FOR COURT USE ONLY
ADULT CRIME(S)
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
PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION
Health and Safety Code, § 11361.8
Judicial Council of California
www.courts.ca.gov
(Health and Safety Code, § 11361.8)
CR-402 [New July 1, 2017]
ADULT CRIME(S)
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
Mail
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:
Name of person served:
a.
Address where served:
b.
c.
Date Served:
c.
Time Served:
AM
PM
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)
deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2)
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
Page 2 of 2
FOR PROSECUTING AGENCY RESPONSE
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Clear this form
Page of 2