Misdemeanor and Wobbler - Paralegal Brief

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Misdemeanor

Wobbler

Failure to label minor’s wobbler offense requires remand regardless of likelihood of sentence change; the error can be raised for the first time on appeal

At the Lectern

MAY 4, 2023

Although the superior court in the case certainly treated the juvenile’s offenses as felonies, the opinion concludes it isn’t clear that the court understood “its discretion in treating the wobblers as felonies.” In In re F.M. , ” The court reaches the issue even though it wasn’t raised until appeal.

Wobbler

Wobbler Felony Misdemeanor Statute

Supreme Court agrees to resolve another intra-division disagreement

At the Lectern

NOVEMBER 22, 2023

Superior Court (Mitchell) and limited the issues to: “(1) Does Penal Code section 1238 authorize an appeal by the People from a superior court’s post-preliminary hearing, prejudgment order reducing a felony ‘wobbler’ offense to a misdemeanor? (2) ” This case presents yet another intra-division split.

Wobbler

Wobbler Court Felony Misdemeanor

Failure to label minor’s wobbler offense requires remand regardless of likelihood of sentence change; the error can be raised for the first time on appeal

Supreme Court agrees to resolve another intra-division disagreement

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