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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.”

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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. , ” It does so for a fourth time in F.M.

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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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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)

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