Filing a Petition for Resentencing Under Prop 36 in Orange County

Thanks to the recent enactment of Proposition 36, you may be able to petition for resentencing in California. A few major changes occurred in the law that could result in a lower sentence, although a great deal of the proposition focused on creating more intense penalties for specific crimes. To learn more about the legal route you should follow, reach out to an experienced criminal defense attorney near you.

It’s important to note that there’s a difference between the 2012 Prop 36 and 2024 Prop 36. Under the 2012 Proposition 36, the Three Strikes Law was changed so that third strikes involving nonviolent, non-serious offenses would receive double the normal jail sentence. This marked a significant improvement over the previous sentences of 25 to life that were given after third strikes.

Under the 2024 Proposition 36, shoplifting, theft, and drug crimes are given harsher sentences. The main exception is with third strike offenses. Thanks to the new Health and Safety Code section 11395, third offenses can be classified as treatment-mandated felonies instead. Under a treatment-mandated felony, the individual can replace three years of their prison sentence with drug or mental health treatment. As long as they complete their treatment, they can have the charge wiped away from their record.

Through resentencing laws in California, you can have your original sentence reconsidered. To file a petition for resentencing in California, you must first complete CR-404 Petition/Application for Resentencing and Dismissal.

Petitioning for resentencing will generally not harm your case. Under Penal Code 1170.22(d), the court cannot give you a harsher sentence than before or add charges that were dropped during a plea agreement.

Once the court receives your CR-404 petition, they will review all of the relevant information and your court records. Then, the court will carefully determine if there are grounds for resentencing or a total dismissal.

If the court decides that your conviction wasn’t valid, they can choose to recall your original sentence and resentence you. Alternatively, they can decide to dismiss the conviction and vacate your court records for that case.

After receiving your CR-404, the court can decide to hold a resentencing hearing. During this hearing, you can present new evidence and argue in favor of your resentencing request. If the court doesn’t have enough evidence available to make a decision, they may require you to submit new evidence.

During the hearing, the court can appoint a lawyer to represent you if you don’t already have a criminal defense attorney. Then, the court will set a status conference to discuss your case. Your lawyer and the prosecution will both need to submit a brief that outlines the arguments involved.

On the day of the actual hearing, both sides will be able to present their arguments in court. Then, the judge will determine if your attorney’s argument was strong enough to justify resentencing.

The judge can decide to vacate or dismiss your conviction. If your conviction is dismissed, it means you are no longer viewed as convicted of a crime in court. A vacated conviction means that the conviction will be completely removed from your record.

If you have been sentenced on a third drug offense in Orange County, our team of experienced attorneys are here to help. Thanks to Proposition 36, your attorney may have a new case for submitting a petition for resentencing in California. If you would now be eligible for a treatment-mandated felony, you may be able to get your original sentence converted.

Although there are many advantages to getting resentenced, this process can be difficult to navigate. Because of this, it is a good idea to seek professional legal assistance before filing CR-404. Our team of top criminal defense attorneys have years of experience dealing with resentencing in California courts, so give us a call today.