What is the test for reducing a criminal conviction from a felony to a misdemeanor under section 17(b) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Tran, 195 Cal.Rptr.3d 638, 242 Cal.App.4th 877 (Cal. App. 2015):

As defendant notes, " Sentencing facts' such as aggravating and mitigating circumstances assist a judge in selecting from among the options of punishment" the conviction has made available. (People v. Hernandez (1988) 46 Cal.3d 194, 205, 249 Cal.Rptr. 850, 757 P.2d 1013 (Hernandez ).)

[242 Cal.App.4th 889]

Under section 17(b), reducing a defendant's conviction from a felony to a misdemeanor is one of those available options. (See People v. Smith, supra, 259 Cal.App.2d at p. 873, 66 Cal.Rptr. 586.) This exercise of discretion results in a reduction of defendant's punishment, and is an act of leniency by the trial court. (Necochea v. Superior Court, supra, 23 Cal.App.3d at p. 1016, 100 Cal.Rptr. 693.)

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