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Name: People v. Wallace
Case #: B159422
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/30/2003
Subsequent History: Rehrg. den. 7/28/03

Wallace was charged by information with several offenses, including a hate crime within the meaning of Penal Code section 422.75. Under the terms of a negotiated disposition, the other offenses were dismissed when appellant pled no contest to an amended information charging him with a violation of section 422.7. He was sentenced to felony probation with a condition that he serve 60 days in jail. On appeal, he argued that his conviction and sentence were unlawful because section 422.7 constitutes a penalty provision and not a substantive criminal offense. The appellate court here agreed and reversed. Section 422.7 does not identify any particular substantive crime, but rather elevates from misdemeanors to felonies those crimes which are committed for the purpose of interfering with the victim’s civil rights.