People v. Lee
16 Cal. App. 5th 861
| Cal. Ct. App. 5th | 2017Background
- Defendant Lee 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); jury found true deadly-weapon allegations.
- Defendant admitted two prior vehicle-theft convictions under Penal Code §666.5(a) and four prior strikes; trial court imposed 25-to-life terms (staying counts 2–4 under §654).
- At sentencing defense asked the court to consider Penal Code §17(b) (reducing wobblers to misdemeanors); prosecutor and trial court stated §666.5 precluded 17(b) relief for counts 1–2.
- Defendant appealed, arguing the court mistakenly believed it lacked discretion under §17(b) because of the §666.5 allegation.
- The Court of Appeal held §666.5 applies only when the current offense is a felony and does not itself convert a wobbler into a straight felony; thus the trial court retained §17(b) discretion and remanded for resentencing.
Issues
| Issue | People’s Argument | Lee’s Argument | Held |
|---|---|---|---|
| Whether a §666.5 allegation prevents a trial court from reducing a wobbler to a misdemeanor under §17(b) | §666.5 "felonizes" recidivist vehicle wobblers so §17(b) relief is unavailable | §666.5 applies only when the current conviction is a felony; it does not automatically convert a wobbler to a felony, so §17(b) discretion remains | §666.5 applies only to felony convictions and does not convert a wobbler into a straight felony; remand for the court to exercise §17(b) discretion |
Key Cases Cited
- People v. Alvarez, 14 Cal.4th 968 (discussion of §17(b) judicial discretion over wobblers)
- People v. Feyrer, 48 Cal.4th 426 (admission of a sentencing-fact enhancement does not necessarily convert a wobbler into a straight felony)
- People v. Kunkel, 176 Cal.App.3d 46 (enhancements that apply only to felonies are moot if the court treats the underlying offense as a misdemeanor)
- People v. Trausch, 36 Cal.App.4th 1239 (trial court may reduce a wobbler to a misdemeanor and thereby prevent Three Strikes from attaching to that conviction)
- People v. Demara, 41 Cal.App.4th 448 (§666.5 is an alternate/elevated sentencing scheme, not a new offense)