Case Background
Overview of Mandatory Sentencing Decisions
The California Penal Code outlines a number of offenses (called "wobblers") that may be punished either as felonies or misdemeanors. In such cases, the prosecutor may charge the offense as either a felony or a misdemeanor, and even if the defendant is convicted under the felony charge, the court may sentence the offense as a misdemeanor. Whether initially a felony or a misdemeanor, second and subsequent offenses are generally punishable with more severe penalties than are first offenses. Under the California Three Strikes law, a defendant convicted of a felony who has two or more prior serious or violent felony…
