AILF Article on Brand X in Immigration Cases: Http://www.ailf.org/lac/clearinghouse_brandx.shtml



CAL POST CON - FELONY - REDUCTION OF FELONY TO MISDEMEANOR
In California, if a felony conviction is punishable, under the statute defining the offense, by state prison or a county jail sentence, or by state prison or a fine, it is an alternative felony-misdemeanor, or "wobbler," that can be reduced by the court from a felony to a misdemeanor under various circumstances pursuant to Penal Code 17(b). (People v. Statum (2002) 28 Cal.4th 682, 685; see People v. Superior Court (Feinstein) (2002) 1994) 29 Cal.App.4th 323, 329 [trial court "may only reduce an offense to a misdemeanor if it is a felony-misdemeanor ('wobbler), which may be prosecuted as either a felony or a misdemeanor."]) On the other hand, if the statute defining the offense states it is punishable by "state prison" period, or by a lower term in prison, a midterm, or an upper term, but without an alternative county jail sentence or fine, it is a non-alternative felony that cannot be reduced to a misdemeanor under that provision. (People v. Mauch (2008) ___ Cal.App.5th ___ (California Health & Safety Code 11358, which is punishable by state prison without an alternative county jail sentence or fine, may not be reduced from felony to misdemeanor under Penal Code 17(b); People v. Superior Court (Feinstein), supra, at 330; People v. Mendez (1991) 234 Cal.App.3d 1773, 1779, n.5.) The trial court may not accept a plea agreement conditioned upon a reduction of an offense that is not legally reducible. (People v. Beebe (1989) 216 Cal.App.3d 927, 931 ["Since the offense was not alternately punishable by a fine or imprisonment in the county jail, the trial court had no power to authorize the future reduction of this felony to a misdemeanor under section 17"].) Penal Code 18, as well, does not authorize reduction unless the statute provides an alternative punishment of county jail or a fine. (People v. Mauch, supra; People v. Isaia (1989) 206 Cal.App.3d 1558, 1564.) Crimes with no alternative county jail sentence, but with an alternative fine, do exist. E.g., Penal Code 107 [escape from a reformatory or state hospital]; 148.3(b) [false report of an emergency]; 337b [point shaving in an athletic contest].)