Tooby's California Post-Conviction Relief for Immigrants
§ 9.20 a. Generally
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Before a felony-misdemeanor may be reduced, the court must have imposed probation but without a formal imposition of sentence. In other words, the sentencing court must impose the following type of sentence: (1) It must suspend imposition of sentence (so that no particular state prison sentence is selected or imposed, even if execution of that sentence is suspended); (2) the court must place the defendant on probation; (3) the court must not thereafter revoke probation and impose a state prison sentence, suspended or not.
Note: Under Penal Code § 17(b)(1), if the sentencing court does not impose a state prison sentence or a probationary sentence, but simply gives a defendant a straight county jail sentence without probation, that has the effect in itself of reducing the felony to a misdemeanor. The court also has the opportunity, on committing the defendant to the California Youth Authority, to declare the offense to be a misdemeanor, under Penal Code § 17(b)(2).