Supreme Court of California

Court's decision to reduce an alternative felony/misdemeanor conviction to a misdemeanor, and sentence defendant as a misdemeanant, is appealable by the government under Penal Code section 1238, and appeal does not violate double jeopardy principles.

Appellate Information

• Decided 07/25/2002
• Published 07/25/2002

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  Gil Garcetti and Steve Cooley, District Attorneys, George M. Palmer, Brentford J. Ferreira, Patrick D. Moran and Phyllis C. Asayama, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Dennis A. Fischer, Santa Monica, under appointment by the Supreme Court;  and R. Charles Johnson, Petaluma, under appointment by the Court of Appeal, for Defendant and Respondent.