Vessell

This case of first impression presents the question of whether the “three strikes” law prevents a trial judge from sentencing a “wobbler” as a misdemeanor. We hold that it does not.

The People appeal from a judgment entered following respondent Kenneth Lester Vessell’s no contest plea to a charge that he violated Penal Code section 273.5, subdivision (a), after he punched his girlfriend and pushed her against a wall during an argument on April 23, 1994. Under the provisions of section 17, subdivision (b), the trial court reduced the crime to a misdemeanor, imposed sentence, and granted probation. We affirm.

Contentions

The People urge that (1) they have the right to appeal from the imposition of an unlawful sentence; (2) section 17 conflicts with the legislative intent of section 667; (3) by requiring a state prison term, section 667 has restricted the trial court’s power to impose a misdemeanor sentence; (4) the Legislature has the power to restrict the application of section 17; and (5) the trial court improperly engaged in plea bargaining.

Procedural Background

Respondent was charged with a violation of section 273.5, subdivision (a), which is punishable either as…