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Legal Opinion

People v. Lee

California Court of Appeal, 5th District

Decided October 31, 2017No. F072173PublishedCited by 19 opinions

1Opinion of the CourtLevy, Acting P.J.

*864Defendant Pao Cherta Lee was convicted by jury trial of four felonies after he was found driving a stolen vehicle. On appeal, he contends the trial court erroneously believed it lacked discretion to reduce his convictions to misdemeanors under Penal Code section 17, subdivision (b)1 ( section 17(b) ) because of a section 666.5 allegation. We agree with defendant. Accordingly, *709we vacate the sentence and remand to the trial court for reconsideration and resentencing.

PROCEDURAL SUMMARY

On February 18, 2015, a jury found defendant guilty of unlawfully driving or taking a vehicle ( Veh. Code, §…

2Cases cited12 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. Superior Court (Romero)California Supreme Court · 1996
  3. People v. Superior CourtCalifornia Supreme Court · 1997
  4. People v. ParkCalifornia Supreme Court · 2013
  5. People v. BrownCalifornia Court of Appeal · 2007

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3Cited by19 opinions

  1. People v. Bailey CA1/5California Court of Appeal · 2021
  2. People v. Beckemeyer CA4/1California Court of Appeal · 2020
  3. People v. Begay CA5California Court of Appeal · 2021
  4. People v. Briseno CA2/4California Court of Appeal · 2021
  5. People v. Carreles CA5California Court of Appeal · 2021

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