Tooby's California Post-Conviction Relief for Immigrants
§ 9.10 1. Non-Reducible Felonies
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California convictions of “non-alternative” felonies may not be reduced to misdemeanors under Penal Code § 17(b). Whether a felony conviction is considered a non-reducible felony is determined by the language of the statute specifying the maximum sentence for the offense. If the statute provides for a state prison sentence, without expressly stating that the court can, in the alternative, impose a county jail sentence up to one year, or a fine, then the offense is not considered to be an alternative felony-misdemeanor, and may not be reduced from a felony to a misdemeanor under Penal Code § 17(b). See § 9.18, infra.