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Some Crimes Cannot be Reduced to Misdemeanors

By Walin & Klarich

This point was made clear in a recent decision by the California Court of Appeal in People v. Mauch. In that case, the Defendant was convicted of cultivation of marijuana, in violation of Health and Safety Code section 11358. That statute provides that anyone found guilty of cultivation of marijuana shall be ?punished by imprisonment in the state prison.? The trial court, in reducing the Defendant?s conviction to a misdemeanor, relied upon a provision in the Penal Code that gives trial courts discretion to reduce certain crimes to misdemeanor crimes. (Pen. Code, § 17, subd. (b).) However, a prerequisite to the Court?s exercise of discretion is that the crime be alternatively punishable by imprisonment in state prison or county jail. Put simply, had the legislature declared that violations of Health and Safety Code section 11358 were punishable ?by imprisonment in the state prison or by imprisonment in county jail for no more than one year,? then the sentencing court could order the offense reduced to a misdemeanor...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 01, 2008 (boomark / email).