California Court of Appeal
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
Judges
- HOCH
Court
- California Court of Appeal