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PEOPLE v. MAUCH

No. G038602.

163 Cal.App.4th 669 (2008)

THE PEOPLE, Plaintiff and Appellant, v. JEFFREY GARRETT MAUCH, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

June 3, 2008.

Attorney(s) appearing for the Case

Tony Rackauckas, District Attorney, and Gregory J. Robischon, Assistant District Attorney, for Plaintiff and Appellant.

Marylou Hillberg, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

ARONSON, J.

The district attorney challenges the trial court's order reducing Jeffrey Garrett Mauch's conviction, following a guilty plea, for felony cultivation of marijuana (Health & Saf. Code, § 11358) to a misdemeanor. We agree the trial court lacked authority to reduce the offense from a felony to a misdemeanor, and we therefore vacate defendant's plea and direct the trial court to reinstate the charge as a felony.

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