Woblette - Revision history

Sysop at 04:03, 7 May 2017

2017-05-07T04:03:13Z

← Older revision		Revision as of 04:03, 7 May 2017
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	\|PC602(o)\|\|Refusing to leave property after being asked\|\|Added by Stats. 2012 ch. 702 (AB2489)		\|PC602(o)\|\|Refusing to leave property after being asked\|\|Added by Stats. 2012 ch. 702 (AB2489)
	\|-		\|-
	\|PC602.13\|\|Entering animal enclosure		\|PC602.13\|\|Entering animal enclosure\|\|Added by Stats. 2012 ch. 536 (AB1675)
	\|-		\|-
	\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|PC652 was never punishable as a misdemeanor since its enactment by Stats. 1997 ch. 741 (AB99). Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)		\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|PC652 was never punishable as a misdemeanor since its enactment by Stats. 1997 ch. 741 (AB99). Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)

Sysop at 01:47, 7 May 2017

2017-05-07T01:47:08Z

← Older revision		Revision as of 01:47, 7 May 2017
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	\|PC490.7\|\|Taking more than 25 free newspapers		\|PC490.7\|\|Taking more than 25 free newspapers
	\|-		\|-
	\|PC532b(c)(2)\|\|False claim of military decoration by a veteran		\|PC532b(c)(2)\|\|False claim of military decoration by a veteran\|\|Added by Stats. 2010 ch. 366 (AB1829)
	\|-		\|-
	\|PC555\|\|Trespass upon posted property		\|PC555\|\|Trespass upon posted property

Sysop at 01:37, 7 May 2017

2017-05-07T01:37:56Z

← Older revision		Revision as of 01:37, 7 May 2017
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	\|PC602.13\|\|Entering animal enclosure		\|PC602.13\|\|Entering animal enclosure
	\|-		\|-
	\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|PC652 was never punishable as a misdemeanor since its enactment by Stats. ~~2005~~ ch. ~~307~~ (~~AB646~~). Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)		\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|PC652 was never punishable as a misdemeanor since its enactment by Stats. 1997 ch. 741 (AB99). Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)
	\|-		\|-
	\|PC853.7\|\|Failure to appear		\|PC853.7\|\|Failure to appear

Sysop at 01:34, 7 May 2017

2017-05-07T01:34:57Z

← Older revision		Revision as of 01:34, 7 May 2017
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	\|PC602.13\|\|Entering animal enclosure		\|PC602.13\|\|Entering animal enclosure
	\|-		\|-
	\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|PC652 was never punishable since its enactment by Stats. 2005 ch. 307 (AB646) ~~as a misdemeanor~~. Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)		\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|PC652 was never punishable as a misdemeanor since its enactment by Stats. 2005 ch. 307 (AB646). Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)
	\|-		\|-
	\|PC853.7\|\|Failure to appear		\|PC853.7\|\|Failure to appear

Sysop at 01:34, 7 May 2017

2017-05-07T01:34:21Z

← Older revision		Revision as of 01:34, 7 May 2017
Line 55:		Line 55:
	\|PC602.13\|\|Entering animal enclosure		\|PC602.13\|\|Entering animal enclosure
	\|-		\|-
	\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|Removed by Stats. 2012 ch. 702 (AB2489)		\|<del>PC652</del>\|\|<del>Body piercing of minor without parental consent</del>\|\|PC652 was never punishable since its enactment by Stats. 2005 ch. 307 (AB646) as a misdemeanor. Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)
	\|-		\|-
	\|PC853.7\|\|Failure to appear		\|PC853.7\|\|Failure to appear

Sysop at 01:12, 7 May 2017

2017-05-07T01:12:31Z

@@ Line 25: / Line 25: @@
 |BPC25658(b)||Purchase or consumption of alcohol by minor
 |-
-|<del>BPC25658.5</del>||<del>Attempted purchase or alcohol by minor</del>||Removed by Stats. 2012 ch. 702 (AB2489)
+|<del>BPC25658.5</del>||<del>Attempted purchase or alcohol by minor</del>||Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)
 |-
 |BPC25661||Minor in possession of false ID
@@ Line 31: / Line 31: @@
 |BPC25662||Minor in possession of alcohol
 |-
-|HSC11375(b)(2)||Possession of designated controlled substance||Not listed in PC19.8
+|GC27204||Recording an unrecordable document
 |-
 |PC193.8||Relinquishing car to drunk minor
@@ Line 44: / Line 42: @@
 |-
 |PC485||Not returning lost property
 |-
 |PC490.7||Taking more than 25 free newspapers
@@ Line 52: / Line 48: @@
 |-
 |PC555||Trespass upon posted property
 |-
 |<del>PC602(n)</del>||<del>Trespass by vehicle</del>||Removed by Stats. 2012 ch. 702 (AB2489)
 |-
 |PC602(o)||Refusing to leave property after being asked||Added by Stats. 2012 ch. 702 (AB2489)
 |-
 |PC602.13||Entering animal enclosure
@@ Line 84: / Line 72: @@
 |-
 |VC42005||Failure to attend traffic violators school
 |-
 |}

Sysop at 23:27, 2 April 2017

2017-04-02T23:27:43Z

← Older revision		Revision as of 23:27, 2 April 2017
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	\|VC12500(a)\|\|Driving without a license\|\|VC12500(a) is a misdemeanor per VC40000.11, but subject to PC19.8. (b), (c), (d), and (e) can only be infractions.		\|VC12500(a)\|\|Driving without a license\|\|VC12500(a) is a misdemeanor per VC40000.11, but subject to PC19.8. (b), (c), (d), and (e) can only be infractions.
	\|-		\|-
	\|VC14601.1~~(a)~~\|\|Driving with suspended licenese		\|VC14601.1\|\|Driving with suspended licenese
	\|-		\|-
	\|[[VC23109\|VC23109(c)]]\|\|Exhibition of speed		\|[[VC23109\|VC23109(c)]]\|\|Exhibition of speed

Sysop at 23:26, 2 April 2017

2017-04-02T23:26:27Z

← Older revision		Revision as of 23:26, 2 April 2017
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	\|VC5201.1\|\|Obscured license plate\|\|Added by Stats. 2012 ch. 702 (AB2489)		\|VC5201.1\|\|Obscured license plate\|\|Added by Stats. 2012 ch. 702 (AB2489)
	\|-		\|-
	\|VC12500\|\|Driving without a license		\|VC12500(a)\|\|Driving without a license\|\|VC12500(a) is a misdemeanor per VC40000.11, but subject to PC19.8. (b), (c), (d), and (e) can only be infractions.
	\|-		\|-
	\|VC14601.1(a)\|\|Driving with suspended licenese		\|VC14601.1(a)\|\|Driving with suspended licenese

Sysop: Created page with "A '''woblette''' is a crime that can be charged as either a misdemeanor or an infraction. Penal Code 17(d) says a woblette is a infraction when either: (1) the prosecutor cha..."

2014-04-11T21:23:00Z

Created page with "A '''woblette''' is a crime that can be charged as either a misdemeanor or an infraction. Penal Code 17(d) says a woblette is a infraction when either: (1) the prosecutor cha..."

New page

A '''woblette''' is a crime that can be charged as either a misdemeanor or an infraction. Penal Code 17(d) says a woblette is a infraction when either:

(1) the prosecutor charges it as an infraction,

or

(2) the court, with consent of defendant, determines it is an infraction.

Since there doesn't seem to be any language about when, it seems the court has the power to make it an infraction at any time.

Note that the court can only make it an infraction with the consent of the defendant. Because there is no right to trial by jury or right to appointed counsel in infractions, there may be reasons why a defendant would want the case to proceed as a misdemeanor. People v. Smith (2012) 205 Cal.App.4th Supp. 1 held the defendant must be notified about his right to proceed as a misdemeanor before the judge determines it is an infraction.

Penal Code section 490.1, petty theft under $50, is a special woblette, because according to ''People v. Campbell'' (2002) 104 Cal.App.4th Supp. 1, it's only reducible by the prosecutor; it can't be reduced by the court. PC490.1 is only an infraction "at the discretion of the prosecutor"; the judge plays no part in determining if it's an infraction. However, ''Campbell'' is an Appellate Division case, so it is only binding authority in Los Angeles Superior Court and persuasive authority for other counties. (''People v. Corners'' (1985) 176 Cal.App.3d 139, 146.)

Violations of the San Diego Municipal Code are similar to PC490.1. SDMC §12.0201 says: "any such violation constituting a misdemeanor under this Code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction."

There are some crimes which are listed as being a misdemeanor or an infraction, but are not listed in PC19.8, nor are stated to be subject to PC17(d), so it's unknown if they can be reduced to an infraction by a judge.

The following is a list of woblettes. If it's not listed below, it can't be reduced from a misdemeanor to an infraction. (''People v. Dibacco'' (2004) 117 Cal.App.4th Supp. 1, 4.)
{| class="wikitable"
|Code||Crime||Notes
|-
|BPC21672||Counterfeit sports cards
|-
|BPC25658(b)||Purchase or consumption of alcohol by minor
|-
|<del>BPC25658.5</del>||<del>Attempted purchase or alcohol by minor</del>||Removed by Stats. 2012 ch. 702 (AB2489)
|-
|BPC25661||Minor in possession of false ID
|-
|BPC25662||Minor in possession of alcohol
|-
|HSC11375(b)(2)||Possession of designated controlled substance||Not listed in PC19.8
|-
|HSC122335(b)||Unlawful tethering of dog||Not listed in PC19.8
|-
|PC193.8||Relinquishing car to drunk minor
|-
|PC272(b)(1)||Contributing to delinquency of minor||Not listed in PC19.8 but subject to PC17(d)
|-
|PC330||Gambling
|-
|PC415||Fighting, noise, offensive words
|-
|PC485||Not returning lost property
|-
|PC490.1||Petty theft < $50||Only reducible by prosecutor
|-
|PC490.7||Taking more than 25 free newspapers
|-
|PC532b(c)(2)||False claim of military decoration by a veteran
|-
|PC555||Trespass upon posted property
|-
|PC597z||Sale of dog under eight weeks of age||Not listed in PC19.8
|-
|<del>PC602(n)</del>||<del>Trespass by vehicle</del>||Removed by Stats. 2012 ch. 702 (AB2489)
|-
|PC602(o)||Refusing to leave property after being asked||Added by Stats. 2012 ch. 702 (AB2489)
|-
|PC602(u)||Entering unauthorized area of airport or seaport||Not listed in PC19.8. Requires court to PC1385 the allegation
|-
|PC602(v)||Avoiding airport screening||Not listed in PC19.8. Requires court to PC1385 the allegation
|-
|PC602(x)||Trespassing in neonatal unit||Not listed in PC19.8. Requires court to PC1385 the allegation
|-
|PC602.13||Entering animal enclosure
|-
|<del>PC652</del>||<del>Body piercing of minor without parental consent</del>||Removed by Stats. 2012 ch. 702 (AB2489)
|-
|PC853.7||Failure to appear
|-
|VC5201.1||Obscured license plate||Added by Stats. 2012 ch. 702 (AB2489)
|-
|VC12500||Driving without a license
|-
|VC14601.1(a)||Driving with suspended licenese
|-
|[[VC23109|VC23109(c)]]||Exhibition of speed
|-
|VC27150.1||Sale of illegal exhaust
|-
|VC40508||Failure to appear
|-
|VC42005||Failure to attend traffic violators school
|-
|}