People v. Wallace

Opinion

PERREN, J.

Christopher Lee Wallace appeals from the judgment entered following his purported nolo contendere plea to a violation of Penal Code section 422.7.1 Imposition of sentence was suspended, and Wallace was placed on felony probation for three years on conditions including that he serve 60 days in jail. He contends that his conviction and sentence are unlawful because section 422.7 constitutes a penalty provision and not a substantive criminal offense. We agree, although we reject Wallace’s argument that his conviction should be reduced to a misdemeanor. Accordingly, we reverse.

*1701Fac…