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ARTICLES SAMPLES SUPERIOR COURT FORMS PROP. 47 CASES PROP. 47 ISSUES

This area of our site offers samples for Proposition 47 arguments. Please click on the "Articles" tab above to view project analysis.

Proposition 47 Samples

DISCLAIMER FOR APPOINTED COUNSEL IN THE THIRD AND FIFTH DISTRICT COURTS OF APPEAL: If counsel appointed in a Third or Fifth District case believes that a pending appeal presents a Prop. 47 issue that should be pursued in the trial court, counsel should first contact the trial attorney or the local public defender to see if they will file the petition/application for Prop. 47 relief. If trial counsel and the public defender decline to file the petition/application, and appellate counsel wishes to prepare the petition/application for the client, counsel will need to move to expand his or her appointment to seek compensation for the work. An expansion of appointment is required in Third and Fifth District cases for counsel to receive compensation for petition/application work such as this. For more information, see CCAP's article Expanding Your Appointment for Extraordinary Writ Work.

SAMPLES CAVEAT: Counsel should consider whether a given sample is the best or the only approach to take in any given case, and are encouraged to make further, hopefully even better, arguments. CCAP provides these samples simply as possible options to consider before deciding the best tactical approach for a given case/client. Counsel's strategy will necessarily differ depending upon the circumstances and juncture of each case. Finally, CCAP encourages counsel to review the articles and memos provided by the projects to understand the full scope of possible options and considerations.

Sample Petitions for Resentencing / Applications to Have Felony Designated as a Misdemeanor

 

ADI's sample Penal Code section 1170.18 petition for resentencing or reduction from felony to misdemeanor (external link to PDF)File is in Adobe Acrobat Format

The following samples are available on FDAP's Proposition 47 Resource Page (external link):

  • Model Prop. 47 resentencing petition for filing in superior court
  • Sample Prop. 47 Record Change Form (redesignation of felony as misdemeanor for individual with a completed sentence)

Sample Proof of Service for Pro Per Inmate Prop. 47 Petition (PDF)File is in Adobe Acrobat Format

Prop. 47 Samples—Appellate Level

For additional information about Proposition 47 issues, click on the "Prop. 47 Issues" tab above.

Motion for Calendar Preference and Expedited Review

PDFFile is in Adobe Acrobat Format

Word File is in Word Format

Sample briefing on Proposition 47's Impact on Health and Safety Code sections 11352 and 11379 (PDF)File is in Adobe Acrobat Format

Sample brief provided curtesy of panel attorney Jonathan Berger.

Sample briefing on Proposition 47's Impact on Vehicle Code section 10851 (PDF)File is in Adobe Acrobat Format

Sample brief provided curtesy of panel attorney Theresa Stevenson.

Sample briefing on trial court's failure to conduct adequate Proposition 47 hearing (PDF)File is in Adobe Acrobat Format

Sample brief provided curtesy of panel attorney Timothy Warriner.

 

Prop. 47 Samples for Prop. 36 Appeals

The following sample briefs present the argument that Prop. 47's definition of "unreasonable risk of danger to public safety" applies to pending Penal Code section 1170.126 (Prop. 36) appeals.

 

FDAP Sample Brief (external link)

SDAP Sample Brief (PDF)File is in Adobe Acrobat Format

Sample brief provided curtesy of panel attorney Sylvia Whatley Beckham

PDF File is in Adobe Acrobat Format

WordPerfectFile is in WordPerfect Format

 

 

 

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