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.)

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