What is the test for reducing a crime to a misdemeanor under section 17, subdivision (b) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Baeza-Pacheco, A153096 (Cal. App. 2018):

Section 17, subdivision (b) authorizes the reduction of "wobbler" offensescrimes that, in the trial court's discretion, may be sentenced alternatively as felonies or misdemeanors. "[T]he court may reduce a wobbler to a misdemeanor either by declaring the crime a misdemeanor at the time probation is granted, or at a later timefor example when the defendant has successfully completed probation." (People v. Park (2013) 56 Cal.4th 782, 793; 17, subd. (b)(3).) Assault with a deadly weapon, the crime of

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which defendant was convicted, is a wobbler offense. ( 245, subd. (a)(1); People v. Park, at p. 790.)

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