The trial courts authority to reduce a felony conviction to a misdemeanor is limited by Penal Code sections 17 and 18. After appellant pled guilty to a violation of Health and Safety Code section 11358 (cultivation of marijuana), the trial court designated the maximum potential punishment as 365 days in the jail, “thereby making count 11358 [sic] a misdemeanor by virtue of the courts indication of a maximum potential sentence.” The appellate court agreed with the prosecution that the court lacked the authority to reduce the offense. Because section 11358 is not a “wobbler” crime and is punishable only by a state prison sentence, the court does not have the authority under Penal Code section 17 to impose alternative misdemeanor punishment. Likewise, because section 11358 does not provide for a fine as alternative punishment, the court does not have authority under Penal Code section 18 to exercise that sections misdemeanor option.
Case Summaries