People v. Mauch

Opinion

ARONSON, J.

— The district attorney challenges the trial court’s order reducing Jeffrey Garrett Mauch’s conviction, following a guilty plea, for felony cultivation of marijuana (Health & Saf. Code, § 11358) to a misdemeanor. We agree the trial court lacked authority to reduce the offense from a felony to a misdemeanor, and we therefore vacate defendant’s plea and direct the trial court to reinstate the charge as a felony.

I

FACTUAL AND PROCEDURAL BACKGROUND

Acting on an anonymous tip, police investigators discovered 19 ounces of marijuana and smoking paraphernalia in Mauch’s home, plus a…