People v. Superior Court (Perez)

The narrow issue presented in this mandamus proceeding is whether a trial court’s long-established statutory authority to declare an alternative felony, or “wobbler,” a misdemeanor under Penal Code section 17, subdivision (b) was abrogated by the recently enacted “three strikes” law. We conclude it was not and accordingly deny the People’s writ petition.

Factual and Procedural Background

On July 20, 1994, about 9 a.m., San Diego police officers on routine patrol noticed a group of men congregated in front of Perez’s residence, which is located in an area “known for narcotics activity.” When questioned, Perez denied selling or being involved with drugs, but consented to a search of his residence. Although no drugs were found in his house, the officers found a stolen truck and car parts in his backyard, and doors from another stolen truck in his living room. Perez claimed he did not know any vehicle or parts were stolen, explaining he rented his backyard for storage to a man who ran an automotive garage. Perez said his wife had allowed the man to put the doors in their living room because he expressed concern they would get stolen or scratched in the crowded…