In People v. Superior Court (Alvarez),[63] the Supreme Court described the factors to be considered in exercising discretion whether to order that an alternative felony-misdemeanor conviction be reduced to a misdemeanor.  The court included, among the relevant factors, the nature and circumstances of the offense, the defendant’s appreciation of and attitude toward the offense, and his or her character traits as evidenced by trial behavior and demeanor.  The court should also, when appropriate, consider general sentencing objectives as enumerated in the California Rules of Court, Rule 410.[64]

 

The court stated the trial court must consider the individual defendant as well as the public interest.  “[A] determination made outside the parameters drawn by individualized consideration of the offense, the offender, and the public interest ‘exceeds the bounds of reason.’”[65]  The court should weigh “the various sentencing considerations commensurate with the individual circumstances. . . .  The record should reflect a thoughtful and conscientious assessment of all relevant factors including the defendant’s criminal history.”[66]  The court must focus on “considerations that are pertinent to the specific defendant being sentenced.[67]

[63] People v. Superior Court (Alvarez) (1977) 14 Cal.4th 968, 976, 60 Cal.Rptr.2d 93.

[64] 5 California Criminal Defense Practice § 91.110[2], pp. 91-329-330, citing People v. Superior Court (Alvarez) (1977) 14 Cal.4th 968, 976, 60 Cal.Rptr.2d 93.

[65] People v. Superior Court (Alvarez) (1977) 14 Cal.4th 968.

[66] Id. at p. 979.

[67] Id. at p. 980.

GROUNDS " INSUFFICIENT EVIDENCE -- FELONY ASSAULT WITH DANGEROUS WEAPON REDUCED TO MISDEMEANOR SIMPLE ASSAULT
In re Brandon T (Cal. App. 2d, Jan. 24, 2011) No. B220588, 2011 WL 198664 (reversing conviction for assault with a deadly weapon, in violation of Penal Code 245(a)(1), where there was insufficient evidence that minor committed the crime because he did not use the butter knife in a manner capable of producing and likely to produce death or great bodily injury; and reducing the conviction to simple assault, a misdemeanor offense).

Other

GROUNDS " INSUFFICIENT EVIDENCE -- FELONY ASSAULT WITH DANGEROUS WEAPON REDUCED TO MISDEMEANOR SIMPLE ASSAULT
In re Brandon T (Cal. App. 2d, Jan. 24, 2011) No. B220588, 2011 WL 198664 (reversing conviction for assault with a deadly weapon, in violation of Penal Code 245(a)(1), where there was insufficient evidence that minor committed the crime because he did not use the butter knife in a manner capable of producing and likely to produce death or great bodily injury; and reducing the conviction to simple assault, a misdemeanor offense).