California v. Super. Ct.
Annotate this CaseThe State petitioned for a writ of mandate to order the Superior Court of Orange County to vacate its ruling reducing the felony charges against Alireza Jalalipour to misdemeanors. The Court of Appeal issued an order to show cause, then held that, unless the State consented to a reduction of the charged offense, the establishment of the defendant’s guilt, whether by plea or trial, must precede a court’s reduction of a wobbler to a misdemeanor under Penal Code section 17, subdivision (b)(3). The Court also held that, in the absence of the State's consent, the court’s reduction of the charged felonies to misdemeanors, and then allowing defendant to plead guilty to the misdemeanors, constituted an unlawful judicial plea bargain. Accordingly, the Court of Appeal granted the State's petition.
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