Can a defendant apply to reduce a "wobbler" offense from a felony to a misdemeanor under section 17 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Casillas, E051839, Super.Ct.No. FVA010832 (Cal. App. 2011):

Under subdivision (b)(3) of section 17, the sentencing court has discretion to reduce a "wobbler" offense from a felony to a misdemeanor based on an application by the offender. ( 17, subd. (b)(3).)4 A defendant is not barred from making an application under subdivision (b)(3) of section 17 after his probationary period has expired. (Meyer v. Superior Court, supra, 247 Cal.App.2d at pp. 139-140.) Such an application can even be submitted "long after [a defendant's] probation has expired," because the purpose of section 17 is to allow the court to reward a convicted defendant who demonstrates by his conduct that he is rehabilitated. (Id. at pp. 140-141.)

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