People v. Lee
F072173
| Cal. Ct. App. | Oct 31, 2017Background
- Defendant Pao Cherta Lee was convicted by jury of four wobblers: vehicle theft (Veh. Code §10851), receiving a stolen vehicle (§496d), and two counts of carrying a concealed dirk or dagger (§21310); deadly‑weapon allegations were found true as to each count.
- Defendant admitted two prior felony vehicle‑theft convictions for purposes of Penal Code §666.5 and admitted four prior strikes.
- At sentencing the court denied a Romero motion to dismiss strikes, and the prosecutor and court stated §666.5 made counts 1 and 2 ineligible for reduction to misdemeanors.
- Defense argued the court retained discretion under Penal Code §17(b) to reduce wobblers to misdemeanors and that §666.5 applies only when the current offense is a felony.
- The trial court sentenced Lee to an indeterminate 25 years‑to‑life term (staying other terms under §654) but indicated it believed it could not apply §17(b) to counts 1 and 2 because of §666.5.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a §666.5 allegation automatically prevents a trial court from reducing a Vehicle Code §10851/§496d wobbler to a misdemeanor under §17(b). | §666.5 elevates the current offense to a felony for recidivists, so §17(b) reduction is unavailable. | §666.5 applies only when the current offense is a felony; it does not convert a wobbler into a straight felony and thus does not bar §17(b) reduction. | Court held §666.5 does not automatically “felonize” a wobbler; the trial court retained discretion under §17(b). Court vacated sentence and remanded for resentencing to allow exercise of §17(b) discretion. |
Key Cases Cited
- People v. Superior Court (Alvarez), 14 Cal.4th 968 (trial court has discretion under §17(b) to reduce wobblers to misdemeanors)
- People v. Feyrer, 48 Cal.4th 426 (admission of sentencing‑related factual allegation does not automatically convert a wobbler to a straight felony)
- People v. Kunkel, 176 Cal.App.3d 46 (enhancements that apply only to felonies are ‘‘of no moment’’ if the substantive offense is reduced to a misdemeanor)
- People v. Trausch, 36 Cal.App.4th 1239 (§17 reduction can prevent triggering Three Strikes; court may reduce current wobbler before determining felony status)
- People v. Demara, 41 Cal.App.4th 448 (§666.5 is an alternate/elevated sentencing scheme, not a new offense or enhancement)