Wood

Cynthia Wood was convicted by plea of guilty to 10 counts of forgery and, in another case, by plea of guilty to 1 count of receiving stolen property with an admission that she had been released on bail or on her own recognizance at the time of the commission of the latter offense. (Pen. Code, §§ 470, 496, subd. (a), 12022.1.) In each case, she was placed on probation after sentence was imposed and execution of judgment was suspended. She subsequently moved for reduction of the felony convictions to misdemeanors. The motion was denied. She appeals from the denial of her motion. We hold that the trial court properly determined that section 17, subdivision (b)(3), precludes the court from reducing felonies to misdemeanors where a prison sentence has been imposed before probation was granted.

Facts and Procedural Background

The record establishes that in August or September 1993, appellant took blank checks which had been delivered to the mailbox of a woman who was on vacation. Appellant filled out 10 checks and forged the woman’s name. She was charged in No. KA020639 with 10 counts of forgery. Thereafter, in January 1994, a deputy sheriff found appellant in possession of…