Can a defendant be convicted of felony failure to appear when the underlying offense is reduced to a misdemeanor?

California, United States of America


The following excerpt is from People v. Abdallah, 201 Cal.Rptr.3d 198, 246 Cal.App.4th 736 (Cal. App. 2016):

7 This case is also distinguishable from the two cases cited by the People holding that Proposition 47 does not preclude trial courts from convicting defendants of felony failure to appear when the underlying offense is reduced to a misdemeanor. Those cases turn on section 1320, subdivision (b), which states that felony failure to appear applies to persons charged with or convicted of a felony crime. (See People v. Eandi (2015) 239 Cal.App.4th 801, 805, 190 Cal.Rptr.3d 923, review granted Nov. 18, 2015, S229305; People v. Perez (2015) 239 Cal.App.4th 24, 30, 190 Cal.Rptr.3d 738, review granted Nov. 18, 2015, S229046.) In contrast, the exemption to the one-year enhancement of section 667.5, subdivision (b), applies to persons who do not commit an offense that "results in a felony conviction."

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