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 | |
| 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 |
| 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 | |
| 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(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 | |
| VC23109(c) | Exhibition of speed | |
| VC27150.1 | Sale of illegal exhaust | |
| VC40508 | Failure to appear | |
| VC42005 | Failure to attend traffic violators school |