People v. Taylor CA3

DISCUSSION

I. The Section 17(b) Motion

Defendant contends the trial court abused its discretion in denying his motion to sentence his simple possession conviction as a misdemeanor. We disagree. A. Additional Background Because he was convicted in 1995 of indecent exposure (§ 314(1)), an offense requiring registration as a sex offender under section 290(c), defendant’s current offense, possessing methamphetamine, was a wobbler — a crime that could be sentenced as a

3 misdemeanor or felony at the trial court’s discretion. (See § 17(b); § 11377(a)1; People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 974 (Alvarez).) Before sentencing, defendant moved to have his drug possession conviction sentenced as a misdemeanor, pursuant to section 17(b). He argued a felony conviction was inappropriate, “based on a 23-year-old misdemeanor conviction in which he may well have not been ordered to register.” In support, he proffered a CJIS2 printout for his prior sex offense, showing the box for registration requirements was blank and no reference to registration as a condition of probation.3 Defendant also provided a signed declaration stating that he was never advised that he would have…