What is the test for reducing a felony to a misdemeanor?

California, United States of America


The following excerpt is from People v. Pham, G052160 (Cal. App. 2016):

"punishable either by a term in state prison or by imprisonment in county jail and/or by a fine." (Park, supra, 56 Cal.4th at p. 789.) The trial court has discretion to "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." (Id. at p. 793.) The decision to reduce a felony to a misdemeanor is a sentencing decision made by the trial court. In the absence of a showing that a criminal sentencing decision was irrational or arbitrary, the trial court is presumed to have acted to achieve the legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on appellate review. (People v. Carmony (2004) 33 Cal.4th 367, 375.)

Other Questions


Does a magistrate have power to reduce a straight felony to a misdemeanor? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
Does imposition of formal probation as punishment for a felony conviction reduce that offense to a misdemeanor? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
What is the test for reducing a qualifying felony to a misdemeanor? (California, United States of America)
Can a defendant who is currently serving a felony sentence for a crime that has been reduced to a misdemeanor under Proposition 47, under what circumstances can they appeal against their sentence? (California, United States of America)
Is a post-judgment denial of an application to reduce an eligible felony to a misdemeanor appealable? (California, United States of America)
How have the penalties for petty theft and drug possession from a wobblers or felonies been reduced to misdemeanors? (California, United States of America)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
Can a defendant be convicted of felony failure to appear when the underlying offense is reduced to a misdemeanor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.