SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Date: Time: Dept: C53

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1 ATTORNEY (Bar No LAW OFFICES OF ATTORNEY 123Main, Suite 1 City, California Telephone: Facsimile: Attorney for Defendant, DDD SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. DDD, Defendant Case No.: NOTICE OF MOTION AND MOTION FOR MODIFICATION OF FORMAL PROBATION (Pen C ; POINTS AND AUTHORITY IN SUPPORT THEREOF; DECLARATION OF DDD; DECLARATION OF ATTORNEY; PROPOSED ORDER Date: Time: Dept: C53 TO THE ABOVE-ENTITLED COURT, TO THE DISTRICT ATTORNEY OF ORANGE COUNTY and ORANGE COUNTY PROBATION OFFICER, XYZ PLEASE TAKE NOTICE that on the above date and time or as soon thereafter as may be heard in the above-entitled court, the defendant, DDD, will move the Court for an order to modify his sentence of Formal Probation to Informal Probation. This motion will be based on this notice of motion, on the attached declarations, and memorandum of points and authorities served and filed herewith, and on such supplemental memoranda of points and authorities as may hereafter be filed with the court or stated orally at the conclusion of the hearing on the motion, on all the papers and records on file in this action, and on such oral and documentary evidence as may be presented at the hearing of the motion.

2 MOTION The defendant, by and through his counsel, hereby moves the court for an order that this Court modify its February 17, 2005 sentence of four years Formal Probation to a sentence of Informal Probation, terms to be determined by this Court. This motion is made pursuant to California Penal Code section and on the grounds the defendant has fully complied with the terms of his sentence to this date, has demonstrated substantial progress toward rehabilitation, and the requested modification will subserve the ends of justice. Dated: Respectfully submitted, ATTORNEY Attorney for DDD

3 ATTORNEY (Bar No LAW OFFICES OF ATTORNEY 123Main, Suite 1 City, California Telephone: Facsimile: Attorney for Defendant, DDD SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. DDD, Defendant Case No.: 04CM04457 POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR MODIFICATION OF FORMAL PROBATION. MEMORANDUM OF POINTS AND AUTHORITIES STATEMENT OF FACTS On February 17, 2005, this Court sentenced Defendant DDD to four years formal probation subsequent to his Guilty plea to two misdemeanor counts of violation of Penal Code section 166 (c(1 [violation of protective order]. Mr. DDD was sentenced by this Court to: Pay fines, Comply with the protective order, Psychiatric counseling, program and mediation, Forty-five (45 days of Cal Trans work, and Serve two hundred and forty-five (245 days in jail, stayed pending completion of probation.

4 As of this date, Mr. DDD has fully complied with the sentence of this Court. He has not violated the protective order, has maintained contact with his probation officer, and attended all classes and counseling sessions. The defendant s probation officer, XYZ, has not responded to Attorney s repeated attempts to contact her regarding a modification of Mr. DDD s probation. ARGUMENT I. THE COURT HAS THE AUTHORITY AT ANY TIME DURING THE TERM OF PROBATION TO MODIFY ITS ORDER. Penal Code section (a states: The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held. Penal Code section gives the trial court authority at any time to modify the terms of a defendant's probation (in his favor. People v. Allen ( Cal.App.3d 583, 588. In a case decided only weeks ago, the Appellate Court noted that this authority continues even over the People's objection and notwithstanding any plea agreement. People v. Segura (2006 Cal.App.4th, Slip op. at 1 (Second Dist., 10/26/06, B II. THE ENDS OF JUSTICE WOULD BE SUBSERVED BY MODIFYING DEFENDANT S PROBATION SENTENCE FROM FORMAL TO INFORMAL. Probation is granted to the end that a defendant may rehabilitate himself, make a responsible citizen out of himself and be obedient to the law. People v. Allen ( Cal.App.3d 583, 588 (quoting In re Peeler ( Cal.App.2d 483, Defendant DDD has not violated the terms of his probation in the almost two years he has served. He has demonstrated himself to be a responsible citizen, obedient to the law in all

5 ways thus conclusively demonstrating his rehabilitation. His contributions to society could be further extended if he were allowed to pursue his employment which requires that he occasionally travel outside of California. Currently, the restrictive conditions of formal probation require that he request permission of this Court whenever he needs to travel for business purposes. As a matter left to the exclusive exercise of judicial power, Mr. DDD, having demonstrated his rehabilitation and in the interest of subserving the ends of justice (Penal Code section , hereby requests that this Court allow him the less restrictive terms of informal probation. Allen, 46 Cal.App.3d 591 [ Penal Code section and the rehabilitative purpose of probation make the post-judgment status of a probationer a matter for the exclusive exercise of judicial power. ]. CONCLUSION For the foregoing reasons, it is respectfully urged that the court grant this motion and order the modification of Mr. DDD s probation sentence from formal to informal. Dated:, 2006 Respectfully submitted, Attorney Attorney for DDD