People v. Dibacco

Opinion

THE COURT.*

This appeal is taken from convictions for exceeding 100 miles per hour and reckless driving. Appellant contends the court erred in reducing the reckless driving charge from a misdemeanor to an infraction. He also contends the conviction for speeding is improper because that charge was a lesser included offense to reckless driving. Finally, he asserts that being sentenced for both infractions amounts to dual punishment in violation of *Supp. 3Penal Code section 654. We reverse the reckless driving conviction, finding the court had no jurisdiction to reduce the charge to an…