Tooby's California Post-Conviction Relief for Immigrants

The automatic reduction of felony to misdemeanor that occurs upon honorable discharge from the California Youth Authority has the same immigration effects as an order granting a motion to reduce the level of the offense, under Penal Code § 17(b)(3).  Counsel can therefore simply document the honorable discharge, with a certified copy, and submit it to the INS in the same way as with an order reducing the offense under Penal Code § 17(b)(3).

Where a defendant, adult or juvenile, is committed (as opposed to a mere housing recommendation) to serve a term at the California Youth Authority, later honorable discharge operates to reduce a felony-misdemeanor to a misdemeanor for all purposes under Penal Code § 17(c).

A person tried as an adult, sentenced to, and later discharged from, the California Youth Authority after commitment on a felony‑misdemeanor is automatically deemed to have committed a misdemeanor under Penal Code § x17(c).  Caselaw has added the requirement that the CYA discharge must be honorable for reduction to occur.[83]

“When a defendant is committed to CYA for a crime punishable as either a felony or a misdemeanor, the offense is deemed a misdemeanor when the defendant is honorably discharged.  Penal Code § 17(c); People v. Marshall (1991) 227 Cal.App.3d 502, 277 Cal.Rptr. 846; People v. Lassiter (1988) 202 Cal.App.3d 352, 355, 248 Cal.Rptr. 320 (relief denied when discharge is dishonorable).  A felony reduced to a misdemeanor under Penal Code § 17(c) has lost its felony character as a matter of law.  See People v. Collins (1986) 42 Cal.3d 378, 390, 228 899, 907.”[84]

[83] People v. Goodner (1991) 226 Cal.App.3d 609, 276 Cal.Rptr. 542; People v. Lassiter (1988) 202 Cal.App.3d 352, 248 Cal.Rptr. 320.

[84] 2 California Criminal Defense Practice § 40.06[6], p. 40-49, citing People v. Hannon (1971) 5 Cal.3d 330, 335, 96 Cal.Rptr. 35; People v. Edmonson (1976) 62 Cal.App.3d 677, 686-687, 133 Cal.Rptr. 297.  The misdemeanor conviction therefore cannot be used as a prior to enhance sentence. 5 California Criminal Defense Practice § 103.13[2], p. 103-40.2(1), citing People v. Lassiter (1988) 202 Cal.App.3d 352, 355, 248 Cal.Rptr. 320.  For discussion of different types of discharge from CYA (honorable, general, and dishonorable), see 6 California Criminal Defense Practice § 125.03[2][f], p. 125-43.