CR-402 - Prosecuting Agency's Response to Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes

Summary

Prosecuting Agency's Response to Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes

Text

Form ID: CR-402
Title: Prosecuting Agency's Response to Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes
Effective Date: 2024-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-402
Primary Download URL: https://www.courts.ca.gov/documents/cr402.pdf
Form Detail Page:
Prosecuting Agency's Response to Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes
(CR-402)
The prosecutor uses this to tell you and the court if it opposes or does not oppose the request to clean your criminal record of a marijuana related conviction.
Get form CR-402
Effective: January 1, 2024
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PDF Text:
Form Approved for Optional Use 
Judicial Council of California 
CR-402 [Rev. January 1, 2024]
PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION  
UNDER HEALTH AND SAFETY CODE SECTION 11361.8— ADULT CRIMES
Health and Safety Code, § 11361.8 
www.courts.ca.gov
CR-402
CASE NUMBER:
FOR COURT USE ONLY
FOR COURT USE ONLY
DATE:
TIME:
DEPARTMENT:
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
PEOPLE OF THE STATE OF CALIFORNIA 
v. 
DEFENDANT:
PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION UNDER 
HEALTH AND SAFETY CODE SECTION 11361.8— ADULT CRIMES
PROSECUTING AGENCY RESPONSE (choose all that apply):
1. The prosecuting agency has no objection to this petition/application. Petitioner/applicant is entitled to the requested relief  
without a hearing.
2. The prosecuting agency requests a hearing and objects to the granting of the petition/application because
a. petitioner/applicant was not convicted of an eligible offense.
b. Other:
3. 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. 
4. The prosecuting agency does not object to petitioner's/applicant's eligibility for relief, but requests a hearing on the issue of 
resentencing.
Dated:  
(TYPE OR PRINT NAME)
 SIGNATURE OF PROSECUTING ATTORNEY
Page 1 of 2

CR-402 [Rev. January 1, 2024] PROSECUTING AGENCY RESPONSE TO PETITION/APPLICATION  
UNDER HEALTH AND SAFETY CODE SECTION 11361.8— ADULT CRIMES
CASE NUMBER:
CR-402
PEOPLE OF THE STATE OF CALIFORNIA v DEFENDANT:
 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 Prosecuting Agency Response to Petition/Application under Health and Safety Code section 11361.8—Adult 
Crimes on the person or persons listed below as follows:
a. Name of person served:
b. Address where served:
c. Date served:
d. 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:  
(TYPE OR PRINT NAME)
 SIGNATURE OF DECLARANT
Page 2 of 2

Retrieval chunks

• #1

  Form ID: CR-402 Title: Prosecuting Agency's Response to Petition/Application Under Health and Safety Code Section 11361.8—Adult Crimes Effective Date: 2024-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-402 Primary Download URL: https://www.courts.ca.gov/documents/cr402.pdf Form D…

• #2

  UNDER HEALTH AND SAFETY CODE SECTION 11361.8— ADULT CRIMES CASE NUMBER: CR-402 PEOPLE OF THE STATE OF CALIFORNIA v DEFENDANT: 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:…