People v. Statum

KENNARD, J., Dissenting.

The majority holds that a superior court judgment imposing a misdemeanor sentence for a “wobbler” offense is “[a]n order . . . modifying the offense to a lesser offense” (Pen. Code, § 1238, subd. (a)(6)) and thus an order from which the People may appeal. I disagree. The sentence imposed on a wobbler determines the grade or class of the crime as either a felony or a misdemeanor, but the sentence imposed does not change the nature or identity of the offense and so does not modify the offense to a lesser offense. Therefore, I would hold that the People may not appeal…