Does the information charged defendants in count 2 with felony embezzlement need to be treated as a felony?
California, United States of America
The following excerpt is from People v. Selivanov, 210 Cal.Rptr.3d 117, 5 Cal.App.5th 726 (Cal. App. 2016):
The information charged defendants in count 2 with felony embezzlement. This wobbler offense, like all others, properly was regarded as a felony throughout trial "for all purposes until imposition of sentence or judgment. " (People v. McElroy (2005) 126 Cal.App.4th 874, 880, 24 Cal.Rptr.3d 439 [emphasis added].) From the outset of the case, then, defendants were subject to punishment for a felonya custodial
[210 Cal.Rptr.3d 149]
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