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Name: People v. Gilbreth
Case #: A112477
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 10/15/2007
Summary

Appellant’s conviction for possession of a firearm by a felon had to be reversed where his prior conviction had been reduced to a misdemeanor. Appellant argued on appeal from his conviction for possession of a firearm by a convicted felon that reversal was required because his predicate felony conviction had been reduced to a misdemeanor upon his successful completion of probation. The appellate court agreed and reversed that conviction. Once a court has reduced a wobbler to a misdemeanor, the crime is thereafter regarded as a misdemeanor for all purposes. This language is unambiguous. At the time appellant was charged in this case, he had a prior misdemeanor conviction for evading an officer, and that conviction could not be considered a felony to serve as the basis for a charge that he violated Penal Code section 12021.