[Download] "People V. Statum" by California Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: People V. Statum
• Author : California Supreme Court
• Release Date : January 25, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Defendant Russell Hubert Statum was convicted of violating Vehicle Code section 2800.2, an alternative felony/misdemeanor offense. An alternative felony/misdemeanor, also known as a "wobbler," is 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). (In re Jorge M. (2000) 23 Cal.4th 866, 880.) The sentencing court here, over the People's objections, reduced the conviction to a misdemeanor and imposed a county jail term. The People appealed, asserting that the superior court had abused its discretion. May the People appeal the superior court's decision to sentence defendant as a misdemeanant? We find that the appeal is authorized by Penal Code section 1238, subdivision (a)(6), *fn1 and therefore reverse the Court of Appeal, which had dismissed the People's appeal.

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