What if a criminal conviction had been reduced to a misdemeanor under section 17(b) of the California Penal Code?

California, United States of America


The following excerpt is from People v. Jimenez, C080910 (Cal. App. 2017):

But the trial court's statements at the Romero hearing give little cause to believe the court would have reduced the offense to a misdemeanor at sentencing. Between the Romero hearing and sentencing, defendant was arrested for possessing burglary tools and drug paraphernalia; he was also found driving on a suspended license. Under the circumstances, a different outcome was not probable. (See People v. Park (2013) 56 Cal.4th 782, 790 ["the court's exercise of discretion under [Penal Code] section 17(b) contemplates the imposition of misdemeanor punishment for a wobbler 'in those cases in which the rehabilitation of the convicted defendant either does not require, or would be

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