PEOPLE v. WILLIAMS

No. S114184.

28 Cal.Rptr.3d 29 (2005)

35 Cal.4th 817

110 P.3d 1239

The PEOPLE, Plaintiff and Appellant, v. Willis WILLIAMS, Defendant and Respondent.

Supreme Court of California.

Rehearing Denied June 22, 2005.


Attorney(s) appearing for the Case

Tony Rackauckas, District Attorney, and Brian F. Fitzpatrick, Deputy District Attorney, for Plaintiff and Appellant.

Diane Nichols, under appointment by the Supreme Court, San Diego, for Defendant and Respondent.


MORENO, J.

Defendant was charged with two offenses that could be prosecuted as either felonies or misdemeanors. Such alternate felony-misdemeanor offenses are commonly known as "wobblers." The prosecutor charged the offenses as felonies, but at the conclusion of the preliminary examination, the court determined pursuant to Penal Code section 17, subdivision (b)(5) that the charges were misdemeanors. The prosecutor moved in superior court to reinstate the felony complaint...

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