What is the test for determining whether a charge of possession is a misdemeanor or a possession charge?
California, United States of America
The following excerpt is from In re Christopher G., F060668 (Cal. App. 2011):
4. As appellant notes in his reply brief, the trial court is presumed to understand and properly apply the law. However, the presumption is not unrebuttable. (See Ross v. Superior Court (1977) 19 Cal.3d 899, 913.) Here, as noted above, the record is clear that trial counsel and the court understood count 3 to be a possession charge, which should have thus been declared a misdemeanor.
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