What is the test for a reduction of a charge of attempted grand theft to a misdemeanor under a plea agreement?

California, United States of America


The following excerpt is from People v. Amezquita, H042748 (Cal. App. 2016):

been granted, regardless of whether the parties have entered into a plea agreement. (See Feyrer, supra, 48 Cal.4th at p. 438-440; People v. Tran (2015) 242 Cal.App.4th 877, 887-888, 891-892.) If the court in the instant case had continued to retain the same discretion under the plea agreement, it is not clear why the parties would have included a term in the plea agreement regarding the reduction to a misdemeanor upon completion of one year of probation with no probation violation. In view of the language of defendant's plea agreement setting forth the circumstance under which his offense would be reduced to a misdemeanor, that is, completion of one year of probation without a probation violation, we determine that defendant was entitled to have the attempted grand theft conviction reduced to a misdemeanor upon satisfaction of this term of the plea agreement.

Other Questions


If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Can a magistrate reduce a charge of grand theft from a felony to a misdemeanor? (California, United States of America)
What is the statute of limitations for a fraud-related crime of grand theft, elder theft, securities fraud and sales of unqualified or nonexempted securities? (California, United States of America)
Is a defendant's criminal conviction for grand theft and possession of a controlled substance reduced to a misdemeanor under Proposition 47? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered? (California, United States of America)
Does the court err in not instructing the jury sua sponte on attempted grand theft? (California, United States of America)
When determining whether a crime is factually impossible, can a defendant be convicted of an attempted grand theft by false pretenses? (California, United States of America)
Does section 654 of the California Criminal Code allow a defendant to be convicted of a single charge of street terrorism and a separate charge of attempted murder for a single drive-by shooting? (California, United States of America)
What is the effect of a reduction of a criminal charge to a Class A misdemeanor under section 667.5, subdivision (b) of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.