Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 9.19 3. The Required Sentence

 
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The conviction cannot be reduced from a felony to a misdemeanor if (a) a state prison sentence was imposed, with no grant of probation; or (b) a state prison sentence was imposed, but execution of that sentence was suspended.  If, however, imposition of sentence was suspended, and no prison sentence at all was imposed, and the defendant was placed on probation, then an alternative felony-misdemeanor (or "wobbler") may be reduced from a felony to a misdemeanor.

 

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