At the Lectern

DECEMBER 13, 2024

Superior Court (Mitchell) , the Supreme Court yesterday held that a superior court exceeded its jurisdiction in reducing a charged felony to a misdemeanor after a preliminary hearing and before sentencing. In People v. Division Six’s opinion said it “disapprove[d]” one of its earlier decisions on the appealability issue.

Wobbler 45

Wobbler Misdemeanor Felony Court 45

At the Lectern

MAY 4, 2023

Although the superior court in the case certainly treated the juvenile’s offenses as felonies, the opinion concludes it isn’t clear that the court understood “its discretion in treating the wobblers as felonies.” In In re F.M. , ” It does so for a fourth time in F.M.

Wobbler 40

Wobbler Felony Misdemeanor Statute 40

At the Lectern

SEPTEMBER 18, 2024

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) More about the case here.

Calendaring 45

Calendaring Wobbler Misdemeanor Felony 45

At the Lectern

NOVEMBER 22, 2023

Superior Court (Mitchell) and 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) ” This case presents yet another intra-division split.

Wobbler 45

Wobbler Court Felony Misdemeanor 45

At the Lectern

DECEMBER 11, 2024

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)

Wobbler 45

Wobbler Calendaring Misdemeanor Felony 45