Does imposition of formal probation as punishment for a felony conviction reduce that offense to a misdemeanor?

California, United States of America


The following excerpt is from People v. Flores, B286863 (Cal. App. 2018):

Camarillo plainly contradicts the proposition underlying appellant's argument that imposition of formal probation as punishment for a felony conviction reduces that offense to a misdemeanor. Here, appellant's sentence of formal probation with eight days of jail did not alter the fact that he was punished for a felony. Moreover, given that appellant's 2011 section 23153 violation was a "wobbler," the court could have sentenced it as a misdemeanor by imposing summary rather than formal probation. (See People v. Willis (2013) 222 Cal.App.4th 141, 145, 147 [summary probation is reserved for misdemeanors, and is not authorized in felony cases].) By sentencing appellant to formal probation, the court imposed a felony punishment for a felony conviction. Accordingly, the trial court properly sentenced the current offense as a felony pursuant to section 23550.5, based on appellant's 2011 prior felony conviction.

Page 15

The judgment is affirmed.

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