People v. Smith

Opinion

DATO, P. J.

Certain crimes, commonly known as “wobblers,” can be charged and/or prosecuted as either felonies or misdemeanors. (Pen. Code, § 17, subd. (b)(4) & (5).)1 In this case we deal with what has been colloquially referred to as a “wobblette”—a crime that can be charged and/or prosecuted as either a misdemeanor or an infraction pursuant to sections 17, subdivision (d) (section 17(d)) and 19.8. The primary effects of reducing a potential felony to a misdemeanor are the saving of time and expense by limiting the possible penalty, and the benefits to the individual defendant of…