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California Court of Appeal


People v. Superior Court of Orange County, G049679

Petition for a writ of mandate ordering respondent court to vacate its ruling reducing the felony charges against defendant Jalalipour to misdemeanors is granted, where: 1) unless the People consent to a reduction of the charged offense, the establishment of the defendant's guilt, whether by plea or trial, must precede a court's reduction of a wobbler to a misdemeanor under Penal Code section 17(b)(3); and 2) in the absence of the People’s consent, the court's reduction of the charged felonies to misdemeanors, and then allowing defendant to plea guilty to the misdemeanors, constituted an unlawful judicial plea bargain.

Appellate Information

  • Decided 01/07/2015
  • Published 01/07/2015

Judges

  • Ikola

Court

  • California Court of Appeal

Counsel

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