Esteybar motion

If a crime can be punished either as a felony or a misdemeanor, then it is known as a "wobbler". If charged as a felony, it may be possible to reduce it to a misdemeanor. A motion to reduce to a misdemeanor is often called an Esteybar motion, after Esteybar v. Municipal Court (1971) 5 Cal.3d 119.

PC17, in particular, subdivision (b) is the controlling statute.

Reduction to misdemeanor can occur at different stages of the case:

When prosecutor files the complaint, but the defendant can object and force it to be a felony. (PC17(b)(4))

At preliminary hearing. (PC17(b)(5))

At sentencing. (PC17(b)(1))

During probation or afterwards. (PC17(b)(3))

A reduction to a misdemeanor cannot be brought as a pretrial motion after prelim but before sentencing. (People v. Booker (1994) 21 Cal.App.4th 1517, 1521.)

Reducing felonies with enhancements

PC66.5 - People v. Lee (2017) 16 Cal.App.5th 861

Timing of motion

Under PC17(b)(3), a motion to reduce to a misdemeanor for a wobbler offense for which a person received probation and ultimately relief under PC1203.4 can still be brought, even though the case is dismissed under PC1203.4. (Meyer v. Superior Court (1966) 247 Cal.App.2d 133.)

Consequences

If a felony has been reduced to a misdemeanor, it is a misdemeanor for all purposes and a Certificate of Rehabilitation can no longer be sought for that offense. (People v. Moreno (2014) 231 Cal.App.4th 934.)

24.3 A felony conviction reduced at sentencing to a misdemeanor under PC17 cannot thereafter be used as a felony prior. PC667(d)(1), PC1170.12(b(b)(1), People v. Gilbreth (2007) 156 CA4th 53, 67 (felon in possession) People v. Camarillo (2000) 84 Cal.App.4th 1386, 1389 (DUI). Granting summary probation causes such a reduction. Glee (2000) 82CA4th 99, 105. However, when a conviction is reduced to a misdemeanor under PC17 at a time later than the initial sentencing, the conviction counts as a prior serious felony for Three Strikes purposes. Franklin (1997) 64 CA4th 68, 70

36.15 Misdemeanor violations of Vehicle Code Some VC misdemeanors can be reduced to infractions at sentencing under PC17. Reducible misdemeanors include engaging in a speed exhibition (VC23109(c)); driving without a license (VC12500); driving with suspended or revoked license (VC14601.1); selling nonregulation exhaust systems (VC27150.1); FTA (VC40508); failure to attend traffic school (VC42005).

6.32, 24.10, 36.13-36.14

52.10 Consequences of Sentence in Criminal Case A defendant charged with a felony may be found eligible for the petty offense exception if the felony is reduced to a misdemeanor under PC17

52.12 Effect of Postconviction Relief on Immigration Status PC17 (reduction of felony to misdemeanor under various circumstances, including application of defendant at any time after probation granted)

52.17 Other postconvction relief Reduction of a felony to a misdemeanor under PC17 may aid a noncitizen who would be disqualified from relief by having a felony conviction, e.g., an applicant for Temporary Protected Status.

Alvarez 14 Cal.4th 968, 976 Glee (2000) 82 Cal.App.rth 99 Feyrer (2010) 48 Cal.4th 426, 435 Wood (98) 62 CA4th 1262 Mauch (08) 163 CA4th 669

Reasons

Rule 4.410 Rule 4.410. General objectives in sentencing Currentness (a) General objectives of sentencing include: (1) Protecting society; (2) Punishing the defendant; (3) Encouraging the defendant to lead a law-abiding life in the future and deterring him or her from future offenses; (4) Deterring others from criminal conduct by demonstrating its consequences; (5) Preventing the defendant from committing new crimes by isolating him or her for the period of incarceration; (6) Securing restitution for the victims of crime; (7) Achieving uniformity in sentencing; and (8) Increasing public safety by reducing recidivism through community-based corrections programs and evidence-based practices. (b) Because in some instances these objectives may suggest inconsistent dispositions, the sentencing judge must consider which objectives are of primary importance in the particular case. The sentencing judge should be guided by statutory statements of policy, the criteria in these rules, and any other facts and circumstances relevant to the case.

The purpose of the trial judge's sentencing discretion to downgrade certain felonies is to “impose a misdemeanor sentence in those cases in which the rehabilitation of the convicted defendant either does not require, or would be adversely affected by, incarceration in a state prison as a felon.” (In re Anderson (1968) 69 Cal.2d 613, 664–665, 73 Cal.Rptr. 21, 447 P.2d 117, conc. opn. of Tobriner, J.) The reduction of a wobbler to a misdemeanor is not based on the notion that a wobbler offense is “conceptually a misdemeanor.” (Necochea v. Superior Court (1972) 23 Cal.App.3d 1012, 1016, 100 Cal.Rptr. 693.) Rather, it is “intended to extend misdemeanant treatment to a potential felon” and “extend more lenient treatment to an offender.” (Ibid.) “When the court properly **644 exercises its discretion to reduce a wobbler to a misdemeanor, it has found that felony punishment, and its consequences, are not appropriate for that particular defendant. [Citation.] Such a defendant is not blameless. But by virtue of the court's proper exercise of discretion, neither is such defendant a member of the class of criminals” convicted of an offense the Legislature intended to be subject to felony punishment. (Park, supra, 56 Cal.4th at pp. 801–802, 156 Cal.Rptr.3d 307, 299 P.3d 1263.)

People v. Tran (2015) 242 Cal.App.4th 877, 886, as modified (Dec. 4, 2015)