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Supreme Court affirms and also disapproves Court of Appeal decision in wobbler case

At the Lectern

” Nonetheless, the opinion states, “a trial courts unauthorized order reducing a wobbler offense charged as a felony to a misdemeanor is an act in excess of jurisdiction, and it is therefore reviewable by writ when the balance of interests supports the intervention of a higher court.” 5th 595, 599.)

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Four-case October calendar will be heard in Fresno

At the Lectern

The court granted review in July 2023. Superior Court (Mitchell) : When the court granted review in November 2023, it limited the issues to: “(1) Does Penal Code section 1238 authorize an appeal by the People from a superior court’s post-preliminary hearing, prejudgment order reducing a felony ‘wobbler’ offense to a misdemeanor? (2)

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Criminal appellate procedure opinion filing tomorrow

At the Lectern

When the court granted review in Mitchell in November 2023, it limited the issues to: (1) Does Penal Code section 1238 authorize an appeal by the People from a superior courts post-preliminary hearing, prejudgment order reducing a felony wobbler offense to a misdemeanor? (2) (Briefs here ; oral argument video here.)

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