What is the test for reducing a felony 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. Bracy, C073967 (Cal. App. 2014):
The trial court possesses broad discretion in deciding whether to reduce a felony to a misdemeanor under section 17, subdivision (b). In exercising its discretion in this regard, a court should consider " 'the nature and circumstances of the offense, the defendant's appreciation of and attitude toward the offense, or his traits of character as evidenced by his behavior and demeanor at the trial.' " (People v. Superior Court
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