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Failure to label minor’s wobbler offense requires remand regardless of likelihood of sentence change; the error can be raised for the first time on appeal

At the Lectern

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. , ” The court reaches the issue even though it wasn’t raised until appeal.

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Four-case October calendar will be heard in Fresno

At the Lectern

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.

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Supreme Court agrees to resolve another intra-division disagreement

At the Lectern

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.

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