Is the crime of street terrorism a so-called "wobbler"?

California, United States of America


The following excerpt is from People v. Phan, G054758 (Cal. App. 2017):

The crime of street terrorism, section 186.22, subdivision (a), is a so-called "wobbler" because it is punishable in the trial court's discretion as a felony or a misdemeanor. (People v. Robles (2000) 23 Cal.4th 1106, 1113.) The fact it was not reclassified as a pure misdemeanor by Proposition 47, nor listed within the text of that law, suggests it was not intended to be included within the scope of the initiative. (See generally People v. Gray (1979) 91 Cal.App.3d 545, 551 [inclusion of some offenses in a criminal statute reflects intent to exclude those offenses not specifically enumerated].)

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