Tooby's California Post-Conviction Relief for Immigrants
§ 9.21 b. Suspended Prison Sentence Prevents Reduction
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“A trial court may not reduce a ‘wobbler’ to a misdemeanor, however, . . . if, at sentencing, the court imposes a state prison sentence, then suspends its execution and places the defendant on probation.”[62]
[62] 5 California Criminal Defense Practice § 91.110[2], p. 91-329, citing People v. Wood (1998) 62 Cal.App.4th 1262, 73 Cal.Rptr. 308.
