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PEOPLE v. DRAPER

Docket No. A070313.

42 Cal.App.4th 1627 (1996)

50 Cal. Rptr.2d 335

THE PEOPLE, Plaintiff and Appellant, v. ALAN D. DRAPER, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

February 8, 1996.

Attorney(s) appearing for the Case

COUNSEL

Arlo Smith, District Attorney, and Cheryl L. Matthews, Assistant District Attorney, for Plaintiff and Appellant.

Jeff Brown, Public Defender, Stephen Rosen, Katherine T. Asada, Deputy Public Defenders, and Peter G. Keane for Defendant and Respondent.

OPINION

HAERLE, J. —

I. INTRODUCTION

In this appeal by the People, we consider the question of whether a municipal court judge sitting as a magistrate must — or even may — revisit the issue of whether to exercise his discretion under Penal Code section 17, subdivision (b)(5),1 to reduce a felony charge brought under a "wobbler" type of statute to a misdemeanor after the case...

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