Can a writ of appeal be heard against the conviction of a charge of possession of a dangerous substance?

California, United States of America


The following excerpt is from People v. Superior Court, 34 Cal.App.4th 544, 40 Cal.Rptr.2d 345 (Cal. App. 1995):

The sole issue presented is did the trial court have authority to declare the offense a misdemeanor pursuant to section 17, subdivision (b)(3) or did the recent "three strikes" law 2 abrogate that authority? Because the matter presents legal issues of statewide importance in need of immediate resolution, we conclude appeal is an inadequate remedy and hear the writ petition. (See Anderson v. Superior Court (1989) 213 Cal.App.3d 1321, 1328, 262 Cal.Rptr. 405.)

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