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California Court Forms · Criminal
The prosecutor’s response to a petition or application to reduce, dismiss or resentence an adult cannabis conviction, with a proof of service on page 2.
Optional form · Revised January 1, 2024 · 2 pages · A petition or application under Health and Safety Code § 11361.8
The PDF is the Judicial Council’s own file on courts.ca.gov, revised January 1, 2024. Form page on courts.ca.gov ↗
Not legal advice. This page explains what the form asks; it does not tell you what to put in your case.
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Create a free accountWhat it is
CR-402 is completed and signed by the prosecuting attorney in response to a petition or application under Health and Safety Code section 11361.8 for an adult crime. It states whether the agency objects and whether it requests a hearing.
When it is used
Page 2 is a proof of service by mail or personal service, completed by someone over 18 and not a party.
Section by section
Use the current official form and its instructions. The descriptions below identify the questions without choosing answers for your situation.
People of the State of California v. the defendant, case number, and hearing date, time and department.
The petitioner or applicant is entitled to relief without a hearing.
Not convicted of an eligible offense, or other grounds.
Eligible but presents an unreasonable risk of danger to public safety if resentenced, or no objection to eligibility with a hearing requested on resentencing.
The server, the person served, and personal service at an attorney’s office or service by mail.
Before you file
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Live counties with a relevant case type: Alameda · Butte · Calaveras · Colusa · Contra Costa · Glenn · Mariposa · Mendocino · Merced · Napa · San Diego · San Luis Obispo · San Mateo · Santa Barbara · Santa Clara · Santa Cruz · Sonoma · Stanislaus · Sutter · Tehama · Yolo · Yuba. Check each listing’s new-case or existing-case status and document restrictions.
Questions
The prosecuting agency. The signature line is for the prosecuting attorney.
Item 1 states that the petitioner or applicant is entitled to the requested relief without a hearing.
Related forms
Not legal advice. This page explains public filing information. It does not tell you what to put in your own case. Legal Hub Group is a certified e-filing service provider for California courts, not a law firm.
Information checked as of October 2026. Rules, form revisions and provider prices can change. The court decides whether to accept a filing.
CR-402 form revision: January 1, 2024.