PEOPLE v. STATUM

No. S097715.

122 Cal.Rptr.2d 572 (2002)

28 Cal.4th 682

50 P.3d 355

The PEOPLE, Plaintiff and Appellant, v. Russell Hubert STATUM, Defendant and Respondent.

Supreme Court of California.

July 25, 2002.


Attorney(s) appearing for the Case

Gil Garcetti and Steve Cooley, District Attorneys, George M. Palmer, Brentford J. Ferreira, Patrick D. Moran and Phyllis C. Asayama, Deputy District Attorneys, for Plaintiff and Appellant.

Dennis A. Fischer, Santa Monica, under appointment by the Supreme Court; and R. Charles Johnson, Petaluma, under appointment by the Court of Appeal, for Defendant and Respondent.


BAXTER, J.

Defendant Russell Hubert Statum was convicted of violating Vehicle Code section 2800.2, an alternative felony/misdemeanor offense. An alternative felony/misdemeanor, also known as a "wobbler," is deemed a felony unless charged as a misdemeanor by the People or reduced to a misdemeanor by the sentencing court under Penal Code section 17, subdivision (b). (In re Jorge M. (2000) 23...

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