People v. Superior Court

In this case, we address the scope of trial courts’ sentencing discretion pursuant to Penal Code section 17, subdivision (b), to reduce to a misdemeanor an offense originally charged as a felony under the three *973 strikes law. (Pen. Code, §§667, subds. (b)-(i), 1170.12.) 1 Because neither version of the three strikes law qualifies the statutory authority by which a trial court may determine a crime to be “a misdemeanor for all purposes” (§ 17, subd. (b)), we conclude courts continue to have broad authority the exercise of which should be reviewed in accordance with the generally applicable standard. While a defendant’s recidivist status is undeniably relevant, it is not singularly dispositive.

I. Factual and Procedural Background

The current problems began for real party in interest, Steven Alvarez (defendant), shortly after noon on December 25, 1994, when Long Beach Police Officer Timothy O’Hara observed him “on the wrong side of the street riding a skateboard.” A subsequent consensual search of a nylon bag in defendant’s possession produced drug paraphernalia as well as a “baggie” containing 0.41 grams of powdered methamphetamine.

Based on this evidence, the…

agree that the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) has no impact on the power of a magistrate or judge to rule that an offense which may be either a felony or a misdemeanor, a so-called “wobbler,” should be tried or sentenced as a misdemeanor. Penal Code section 17, subdivision (b)(1) and (3) (section 17(b)), expressly confers that power on the court and nothing in the three strikes law limits that power.

I dissent from the judgment directing that the petition for writ of mandate be denied, however. I would affirm the judgment of the Court of Appeal directing that a writ of mandate issue, but would direct the trial court to reconsider the sentencing decision in light of Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]).

Since 1986, Penal Code section 1238, subdivision (a)(1), has authorized an appeal by the People from the imposition of an unlawful sentence, and subdivision (d) of that section has permitted a petition for writ of mandate by the People to review a grant of probation, including review of any order underlying the grant of probation. The Legislature has to that extent removed former…