California, United States of America
The following excerpt is from People v. Smith, B271744 (Cal. App. 2017):
4. Section 2800.2 provides that a violation "shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year." ( 2800.2, subd. (a).) Because section 2800.2 provides for punishment as either a felony or misdemeanor, it is known as a "wobbler," which means a violation will be deemed a felony unless charged as a misdemeanor by the People or reduced to a misdemeanor by the sentencing court under Penal Code section 17, subdivision (b). (People v. Statum (2002) 28 Cal.4th 682, 685.)
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