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PEOPLE v. DOUGLAS

No. S068395.

82 Cal.Rptr.2d 816 (1999)

972 P.2d 151

20 Cal.4th 85

The PEOPLE, Plaintiff and Appellant, v. William R. DOUGLAS, Defendant and Respondent.

Supreme Court of California.

As Modified on Denial of Rehearing May 19, 1999.

Attorney(s) appearing for the Case

Thomas W. Sneddon, Jr., District Attorney, and Gerald McC. Franklin, Deputy District Attorney, for Plaintiff and Appellant.

Glen Mowrer, Public Defender, and Michael C. McMahon, Assistant Public Defender, for Defendant and Respondent.

WERDEGAR, J.

This case calls on us to interpret Penal Code section 1238,1 which governs appeals by the People in criminal cases. Specifically, we must determine whether, under that statute, the People were authorized to appeal a superior court's order, made immediately after imposition of sentence was suspended and probation granted, declaring an alternative felony-misdemeanor offense (i.e., a "wobbler" to be a misdemeanor under section...

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