Esteybar motion - Revision history

Sysop at 03:39, 19 June 2021

2021-06-19T03:39:27Z

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	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.)		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==		==Timing of motion==

Sysop at 03:15, 19 June 2021

2021-06-19T03:15:04Z

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	(8) Increasing public safety by reducing recidivism through community-based corrections programs and evidence-based practices.		(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.		(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.
	~~Credits~~

			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)

Sysop at 01:35, 19 June 2021

2021-06-19T01:35:02Z

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	Wood (98) 62 CA4th 1262		Wood (98) 62 CA4th 1262
	Mauch (08) 163 CA4th 669		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.
			Credits

Sysop at 23:48, 21 August 2016

2016-08-21T23:48:36Z

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	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.)		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.)

			==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==		==Consequences==

Sysop at 02:11, 14 May 2016

2016-05-14T02:11:03Z

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	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.)		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.)

			==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		24.3

Sysop: Created page with "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. ..."

2014-04-11T20:31:24Z

Created page with "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. ..."

New page

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.)

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