How have courts interpreted section 17, subdivision (b) of the Criminal Code in deciding whether to reduce a wobbler offense to a misdemeanor?
California, United States of America
The following excerpt is from People v. Karawia, B248405 (Cal. App. 2014):
"A court ha[s] broad discretion under section 17, subdivision (b) in deciding whether to reduce a wobbler offense to a misdemeanor. [Citation.] We will not disturb the court's decision on appeal unless the party attacking the decision clearly shows the decision was irrational or arbitrary. [Citation.] Absent such a showing, we presume the court acted to achieve legitimate sentencing objectives." (People v. Sy (2014) 223 Cal.App.4th 44, 66.)
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