PEOPLE v. SUPERIOR COURT (ALVAREZ)

Docket No. S053029.

14 Cal.4th 968 (1997)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; STEVEN ALVAREZ, Real Party in Interest.

Supreme Court of California.

January 16, 1997.


Attorney(s) appearing for the Case

COUNSEL

Gil Garcetti, District Attorney, Frank Elmer Sundstet, Assistant District Attorney, Diana L. Summerhayes and Joseph N. Sorrentino, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Michael P. Judge, Public Defender, Albert J. Menaster, Matthew Huey and Alex A. Ricciardulli, Deputy Public Defenders, for Real Party in Interest.

Charles H. James, Public Defender (Contra Costa) and Ron Boyer, Deputy Public Defender, as Amici Curiae on behalf of Real Party in Interest.


OPINION

BROWN, J.

In this case, we address the scope of trial courts' sentencing discretion pursuant to Penal Code section 17, subdivision (b), to reduce to a misdemeanor an offense originally charged as a felony under the three strikes law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.)1 Because neither version of the three strikes law qualifies the...

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