CR-412 - Petition for Resentencing Based on Health Conditions due to Military Service Listed in Penal Code Section 1170.91(b)

Summary

Petition for Resentencing Based on Health Conditions due to Military Service Listed in Penal Code Section 1170.91(b)

Text

Form ID: CR-412
Title: Petition for Resentencing Based on Health Conditions due to Military Service Listed in Penal Code Section 1170.91(b)
Effective Date: 2024-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-412
Primary Download URL: https://www.courts.ca.gov/documents/cr412.pdf
Form Detail Page:
Petition for Resentencing Based on Health Conditions due to Military Service Listed in Penal Code Section 1170.91(b)
(CR-412)
Asks a court to resentence a military veteran based on health conditions resulting from military service.
Get form CR-412
Effective: January 1, 2024
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PDF Text:
Form Approved for Optional Use   
Judicial Council of California   
CR-412/MIL-412 [Rev. January 1, 2024]
PETITION FOR RESENTENCING BASED ON  
HEALTH CONDITIONS DUE TO MILITARY SERVICE 
LISTED IN PENAL CODE SECTION 1170.91(b)
Penal Code, § 1170.91(b) 
CR-412/MIL-412
FOR COURT USE ONLY
CASE NUMBER:
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:
THE PEOPLE OF THE STATE OF CALIFORNIA 
v. 
DEFENDANT: CDC OR ID NO.:
PETITION FOR RESENTENCING BASED ON   
HEALTH CONDITIONS DUE TO MILITARY SERVICE  
LISTED IN PENAL CODE SECTION 1170.91(b)
Instructions (if you are filing for yourself): File this petition with the same court where you were sentenced. File a separate petition for 
each case in which you are asking for resentencing. "Petitioner" as used in this form refers to you. 
1. Petitioner (the defendant named above) is currently serving a sentence for the felony conviction listed below. 
a. Petitioner is currently in jail or prison. 
b. Petitioner is on supervision (for example, probation, parole, PRCS, mandatory supervision) because of the conviction.
2. On (date of conviction): , petitioner was convicted of the following felony offenses: 
Code (Penal, Vehicle, etc.) Section Name of offense
Check here if additional space is needed for listing offenses and use Attachment to Judicial Council Form (form MC-025) to 
list the information requested.  
3. Military service (choose one)
a. Petitioner served in (branch of military):
from (date of entry into military): until (last date served in the U.S. military):
b. Petitioner serves in (branch of military):
and petitioner's entry date was:
Petitioner was a member of the U.S. military. 
Petitioner is currently a member of the U.S. military.
4. As a result of military service, petitioner may be suffering from the following health conditions (check all that apply):
Sexual trauma
Traumatic brain injury (TBI)
Mental health problems (list or describe):
Post-traumatic stress disorder (PTSD)
Substance abuse
5. When petitioner was sentenced, the judge did not consider the circumstance of suffering from all of the above health 
conditions resulting from petitioner's military service as a mitigating factor in deciding the sentence.
Petitioner has new evidence about a health condition that was discovered after sentencing. 6. 
7. Petitioner was not convicted of, or does not have one or more prior convictions for, an offense that is listed in Penal Code section 
667(e)(2)(C)(iv) or an offense requiring sex offender registration under Penal Code section 290(c).
Date:
SIGNATURE OF PETITIONER OR ATTORNEY
Proof of Service (form CR-106) may be used to provide proof of service of this petition.
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  Form ID: CR-412 Title: Petition for Resentencing Based on Health Conditions due to Military Service Listed in Penal Code Section 1170.91(b) Effective Date: 2024-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-412 Primary Download URL: https://www.courts.ca.gov/documents/cr412.pdf F…

• #2

  from (date of entry into military): until (last date served in the U.S. military): b. Petitioner serves in (branch of military): and petitioner's entry date was: Petitioner was a member of the U.S. military. Petitioner is currently a member of the U.S. military. 4. As a result of military service, petitioner may …