How have courts interpreted section 17, subdivision (b)(3) of the California Criminal Code to preclude imposition of a sentencing enhancement based on a prior "wobbler" conviction?

California, United States of America


The following excerpt is from People v. Buycks, 194 Cal.Rptr.3d 33, 241 Cal.App.4th 519 (Cal. App. 2015):

This case is analogous to People v. Park(2013) 56 Cal.4th 782, 156 Cal.Rptr.3d 307, 299 P.3d 1263(Park), in which our high court interpreted the nearly identical phrase in section 17, subdivision (b) to preclude imposition of a sentencing enhancement based on a prior wobbler conviction that had been reduced to a misdemeanor. In Park,defendant was found guilty of attempted voluntary manslaughter and admitted he had a prior serious felony conviction pursuant to section 667, subdivision (a), which had been previously reduced to a misdemeanor pursuant to section 17, subdivision (b)(3). (Park,at pp. 787788, 156 Cal.Rptr.3d 307, 299 P.3d 1263.) Section 17, subdivision (b)(3) governs the

[241 Cal.App.4th 526]

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