People v. Statum

Opinion

BAXTER, J.

Defendant Russell Hubert Statum was convicted of violating Vehicle Code section 2800.2, an alternative felony/misdemeanor offense. An alternative felony/misdemeanor, also known as a “wobbler,” is deemed a felony unless charged as a misdemeanor by the People or reduced to a misdemeanor by the sentencing court under Penal Code section 17, subdivision (b). (In re Jorge M. (2000) 23 Cal.4th 866, 880 [98 Cal.Rptr.2d 466, 4 P.3d 297].) The sentencing court here, over the People’s objections, reduced the conviction to a misdemeanor and imposed a county jail term. The People…