People v. Lee
Annotate this CaseThe Court of Appeal vacated defendant's sentence after he was convicted of four felonies after he was found driving a stolen vehicle. The court agreed with defendant's contention that the trial court erroneously believed it lacked discretion to reduce his convictions to misdemeanors under Penal Code section 17, subdivision (b) because of a section 666.5 allegation. The court remanded to the trial court with directions to exercise its discretion and decide whether to reduce any of the convictions to misdemeanors pursuant to Penal Code section 17, subdivision (b), and to thereafter resentence defendant.
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