California Court of Appeal

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People v. Tran, 072368

Denial of defendant's Pen. Code section17(b)(5) motion to reduce his 2005 felony conviction for assault with force likely to produce great bodily injury to a misdemeanor, is affirmed where: 1) the trial court properly considered the facts underlying the conviction in deciding whether to reduce defendant's felony conviction to a misdemeanor; 2) the plea agreement did not restrict the trial court’s discretion and did not bar the court from considering the facts underlying the offense in a motion to reduce; 3) defendant was not entitled to have his felony conviction declared a misdemeanor upon successful completion of probation; and 4) the trial court did not promise it would grant defendant’s next motion to reduce his felony to a misdemeanor.

Appellate Information

  • Decided
  • Published 2015/12/01


  • HOCH


  • California Court of Appeal