What is the test for reducing a criminal conviction from a felony to a misdemeanor under section 17(b) of the California Criminal Code?

As defendant notes, " Sentencing facts' such as aggravating and mitigating circumstances assist a judge in selecting from among the options of punishment" the conviction has made available. (People v. Hernandez (1988) 46 Cal.3d 194, 205, 249 Cal.Rptr. 850, 757 P.2d 1013 (Hernandez ).)

[242 Cal.App.4th 889]

Under section 17(b), reducing a defendant's conviction from a felony to a misdemeanor is one of those available options. (See People v. Smith, supra, 259 Cal.App.2d at p. 873, 66 Cal.Rptr. 586.) This exercise of discretion results in a reduction of defendant's punishment, and is an act of leniency by the trial court. (Necochea v. Superior Court, supra, 23 Cal.App.3d at p. 1016, 100 Cal.Rptr. 693.)