People v. Superior Court (Perez)

Opinion

HUFFMAN, J.

The narrow issue presented in this mandamus proceeding is whether a trial court’s long-established statutory authority to declare an alternative felony, or “wobbler,” a misdemeanor under Penal Code 1 section 17, subdivision (b) was abrogated by the recently enacted “three strikes” law. 2 We conclude it was not and accordingly deny the People’s writ petition. 3

Factual and Procedural Background

On July 20, 1994, about 9 a.m., San Diego police officers on routine patrol noticed a group of men congregated in front of Perez’s residence, which is located in an area “known for…