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defendantappealpleafelonymisdemeanorprobation
defendantappealpleafelonymisdemeanorprobation

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People v. Park, 56 Cal.4th 782, 299 P.3d 1263, 156 Cal.Rptr.3d 307, 13 Cal. Daily Op. Serv. 4737, 2013 Daily Journal D.A.R. 6045

Facts

In 2003, defendant pleaded guilty to felony assault with a deadly weapon and was placed on probation. In 2006, after successfully completing probation, the court reduced the offense to a misdemeanor and later dismissed it. In 2007, Park was involved in a fight where he shot a victim, leading to charges of attempted murder and assault with a firearm. The prosecution alleged a prior serious felony conviction for sentencing enhancement.

In 2003, defendant pleaded guilty to a charge of felony assault with a deadly weapon in violation of section 245, subdivision (a)(1). The court suspended imposition of sentence and placed defendant on three years' probation with various conditions. In 2006, after defendant successfully completed the terms of his probation, the court reduced the offense to a misdemeanor in accordance with the procedures in section 17, subdivision (b)(3).

Issue

Whether a defendant whose prior wobbler offense has been reduced to a misdemeanor is subject to sentence enhancement under Penal Code section 667(a) for having previously been convicted of a serious felony.

We granted review to decide whether a defendant adjudged guilty of a serious felony that has been reduced to a misdemeanor under section 17, subdivision (b)(3), and then dismissed pursuant to section 1203.4, subdivision (a)(1), is subject to sentence enhancement under section 667(a) in a subsequent criminal proceeding for having previously been convicted of a serious felony.

Rule

A wobbler offense that has been reduced to a misdemeanor under Penal Code section 17(b)(3) is considered a misdemeanor for all purposes and cannot be used as a prior felony conviction for sentence enhancement under section 667(a).

When the court in the prior proceeding properly exercised its discretion by reducing the assault with a deadly weapon conviction to a misdemeanor, that offense no longer qualified as a prior serious felony within the meaning of section 667, subdivision (a), and could not be used, under that provision, to enhance defendant's sentence.

Analysis

The court analyzed the history and language of section 17 and section 667(a), concluding that the reduction of a wobbler to a misdemeanor precludes its use as a prior felony conviction in subsequent prosecutions. The court emphasized that the electorate did not intend to override the established law regarding the classification of wobblers when enacting section 667(a).

Our analysis begins with an overview of the history of section 17 and the decisions explaining its operation and effect. We then examine the language and history of section 667(a) to determine the electorate's intent regarding the interplay between that sentence enhancement provision and the operation of section 17.

Conclusion

The Supreme Court reversed the Court of Appeal's decision, holding that Park's prior conviction, having been reduced to a misdemeanor, could not be used to enhance his sentence under section 667(a).

We therefore reverse the judgment of the Court of Appeal insofar as it upheld imposition of the five-year enhancement.

Who won?

Aaron Sung–Uk Park prevailed because the Supreme Court determined that his prior conviction did not qualify as a serious felony for sentence enhancement purposes.

The Supreme Court held that the prior wobbler offense reduced to misdemeanor did not trigger sentence enhancement for prior serious felony.

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