Woblette

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.)

Code	Crime	Notes
BPC21672	Counterfeit sports cards
BPC25658(b)	Purchase or consumption of alcohol by minor
BPC25658.5	Attempted purchase or alcohol by minor	Removed from PC19.8 by Stats. 2012 ch. 702 (AB2489)
BPC25661	Minor in possession of false ID
BPC25662	Minor in possession of alcohol
GC27204	Recording an unrecordable document
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
PC490.7	Taking more than 25 free newspapers
PC532b(c)(2)	False claim of military decoration by a veteran	Added by Stats. 2010 ch. 366 (AB1829)
PC555	Trespass upon posted property
PC602(n)	Trespass by vehicle	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	Added by Stats. 2012 ch. 536 (AB1675)
PC652	Body piercing of minor without parental consent	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
VC5201.1	Obscured license plate	Added by Stats. 2012 ch. 702 (AB2489)
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	Driving with suspended licenese
VC23109(c)	Exhibition of speed
VC27150.1	Sale of illegal exhaust
VC40508	Failure to appear
VC42005	Failure to attend traffic violators school

The following is a list of crimes punishable as misdemeanors or infractions. However, they are not listed in PC19.8, nor do they say they are subject to PC17(d). It is unknown if a court can reduce to an infraction if a prosecutor charges as a misdemeanor.

Code	Crime	Notes
HSC11375(b)(2)	Possession of designated controlled substance	Not listed in PC19.8
HSC122335(b)	Unlawful tethering of dog	Not listed in PC19.8
PC490.1	Petty theft < $50	Only reducible by prosecutor
PC597z	Sale of dog under eight weeks of age	Not listed in PC19.8

The following is a list of crimes punishable as infractions, but an allegation can make them misdemeanors.

Code	Crime	Notes
PC602(u)	Entering unauthorized area of airport or seaport	Misdemeanor for second conviction or if it causes evacuation or delays
PC602(v)	Avoiding airport screening
PC602(x)	Trespassing in neonatal unit