Larson v. Municipal Court

Opinion

KINGSLEY, J.

The People appeal from a judgment of the superior court granting a writ of prohibition barring respondent municipal court from proceeding with a misdemeanor prosecution of petitioner. For the reasons hereinafter set forth, we modify the judgment and affirm it as modified.

Subdivision (b) of section 17 of the Penal Code sets forth, in separately numbered paragraphs, five situations in which an offense, normally a felony, may become a misdemeanor. All of the situations involve offenses which may be punishable, “in the discretion of the court either by imprisonment in the state…