Douglas

Defendant William R. Douglas, who is blind and suffers from other permanent disabilities, falsified information to obtain government benefits for in-home health services that were not in fact provided to him. The total amount of overpayment was about $4,770.

Defendant entered a plea of no contest to one count of grand theft (Pen. Code, § 487) and one count of obtaining more than $400 in health care benefits by a false declaration (Welf. & Inst. Code, § 14014; referred to hereafter as section 14014). Over the People’s objection, the court suspended the imposition of sentence, placed defendant on three years’ probation, and declared the crimes to be misdemeanors under Penal Code section 17, subdivision (b) (sometimes referred to as section 17(b)).

The People appeal, arguing that section 14014 defines a “straight” felony offense rather than a “wobbler,” and could not be declared a misdemeanor under section 17(b). We reject the argument and affirm the trial court’s order.

Discussion

Penal Code section 17 provides in pertinent part: “(a) A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a…