People v. E.G.

Opinion

SIMONS, J.

The juvenile court denied a motion by appellant, E.G., to reduce his battery offense from a felony to a misdemeanor pursuant to Penal Code section 17, subdivision (b)(3) (hereafter, section 17(b)(3)), concluding the provision does not apply in juvenile proceedings. Section 17(b)(3) provides that a “wobbler” offense 2 is a misdemeanor when “the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.” We…