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For persons currently serving a sentence you must petition for a recall and resentencing under Penal Code section 1170. 18, subdivision (a).Petitioner has completed the above sentence. INSTRUCTIONS: 1. 47 of the criminal procedure law, I am requesting an assigned attorney pursuant to CPL §440. CASE NUMBER: INSTRUCTIONS: Petitioner must complete Petition and indicate whether a request is made for Resentencing or Reduction to Misdemeanor. PETITION FOR RESENTENCING (Penal Code section 1170. Resentenced to a misdemeanor. 2a. At trial, I was convicted of 1st or 2nd degree murder pursuant to the felony murder rule or the natural and probable consequences doctrine;. The trial court denied the petition on the ground petitioner had not set out a prima facie claim for relief.