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.

Ninth Circuit

CAL POST-CON " REDUCTION OF NON-ALTERNATIVE FELONY
Lopez-Vasquez v. Holder, 706 F.3d 1072 (9th Cir. Feb. 1, 2013) (petitioner failed to carry his burden to prove that he was entitled to relief under the Federal First Offender Act, as California law does not allow a non-alternative felony to be reduced to a misdemeanor under Penal Code 17, and the courts reduction of a non-alternative felony conviction under Health & Safety Code 11359 did not change the conviction to one under Health & Safety Code 11357).