Legal Opinion

People v. Douglas

California Supreme Court

Decided May 19, 1999No. S068395PublishedCited by 39 opinions

1Opinion of the Court

*88Opinion

WERDEGAR, J.

This case calls on us to interpret Penal Code section 1238,1 which governs appeals by the People in criminal cases. Specifically, we must determine whether, under that statute, the People were authorized to appeal a superior court’s order, made immediately after imposition of sentence was suspended and probation granted, declaring an alternative felony-misdemeanor offense (i.e., a “wobbler”) to be a misdemeanor under section 17, subdivision (b)(3). We conclude that, under the circumstances of this case, the appeal was authorized as from “[a]n order made after judgment,…

2Cases cited11 opinions

  1. People v. TannerCalifornia Supreme Court · 1979
  2. People v. SmithCalifornia Supreme Court · 1983
  3. People v. WarnerCalifornia Supreme Court · 1978
  4. In Re BineCalifornia Supreme Court · 1957
  5. People v. ChandlerCalifornia Court of Appeal · 1988

6 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. People v. RiveraCalifornia Court of Appeal · 2015
  2. People v. StatumCalifornia Supreme Court · 2002
  3. People v. FeyrerCalifornia Supreme Court · 2010
  4. People v. TrujilloCalifornia Supreme Court · 2006
  5. People v. RamirezCalifornia Court of Appeal · 2008

34 more not listed; retrieve them via the Exa API.

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