What is the test for reducing a qualifying felony to a misdemeanor?
California, United States of America
The following excerpt is from People v. Ward, F070503 (Cal. App. 2016):
First, defendant argues that reduction of a qualifying felony to a misdemeanor is automatic under Proposition 47, and because the prior offense is considered a misdemeanor "for all purposes," a prior prison term enhancement must be eliminated because there is no longer a felony underlying the enhancement.6 Defendant cites to People v. Park (2013) 56 Cal.4th 782, 799 (Park), which held "when a wobbler has been
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