Tooby's California Post-Conviction Relief for Immigrants
§ 9.27 9. Review of Grant or Denial of Motion to Reduce
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A decision by a magistrate to reduce a "wobbler" to a misdemeanor is not subject to appellate review for abuse of discretion.[75] The defendant, however, may secure appellate review of the denial of a motion to reduce after judgment, under Penal Code § 1237(b), as an order after judgment affecting the substantial rights of the defendant.[76]
[75] People v. Williams (2005), 35 Cal.4th 817, 28 Cal.Rptr.3d 29 (a magistrate's decision, declaring that an alternative felony-misdemeanor ("wobbler") offense charged as a felony is reduced to a misdemeanor, is not appealable).
[76] See People v. Romero (1991) 235 Cal.App.3d 1423, 1425-1426, 1 Cal.Rptr.2d 468 (denial of motion to expunge a conviction under Penal Code § 1203.4 can be reviewed on appeal under Penal Code § 1237(b)); People v. Chandler (1988) 203 Cal.App.3d 782, 787, 250 Cal.Rptr. 730 (same, overruling People v. Soukup (1983) 141 Cal.App.3d 858, 863, 190 Cal.Rptr. 635).
