Complaint Template (COMPLA 1;1)

YOUR NAME 1 Street Address City, State, ZIP 2 Phone Number (with area code) 3 Defendant in Pro Per 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DIEGO 10 PEOPLE OF THE STATE ) Case No.: (insert case number) 11 OF CALIFORNIA, ) ) POINTS AND AUTHORITIES 12 Plaintiff, ) IN SUPPORT OF MOTION ) TO REDUCE FELONY TO 13 ) MISDEMEANOR vs. ) 14 ) INSERT YOUR NAME (ALL CAPS), ) Date: (leave blank clerk will give you a date) 15 ) Time: (leave blank clerk will give you time) ) Defendant. Dept: (leave blank clerk will give you dept.) 16 ) ) 17 ) 18 19 Defendant submits the following points and authorities in support of the motion to reduce 20 the charge of which defendant was convicted to a misdemeanor: 21 I. 22 A CRIME PUNISHABLE IN THE DISCRETION OF THE COURT AS A FELONY OR 23 MISDEMEANOR IS A MISDEMEANOR FOR ALL PURPOSES WHEN THE COURT 24 IMPOSES A SENTENCE OTHER THAN IMPRISONMENT IN THE STATE PRISON, OR 25 THEREAFTER DECLARES THE OFFENSE A TO BE A MISDEMEANOR. 26 27 28 1 POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO REDUCE FELONY TO MISDEMEANOR 1 California Penal Code § 17(b) provides, in part: “When a crime is punishable, in the 2 discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county 3 jail, it is a misdemeanor for all purposes under the following circumstances: 4 (1) After a judgment imposing a punishment other than imprisonment in the state prison. . . . 5 (3) When the court grants probation to a defendant without imposition of sentence and at the time of 6 granting probation, or on application of the defendant or probation officer thereafter, the court 7 declares the offense to be a misdemeanor.” 8 Under Penal Code § 17(b), the court has discretion to reduce a felony conviction to a 9 misdemeanor when the felony is classified as a “wobbler” offense, i.e., a crime that may, in the 10 court’s discretion, be sentenced either as a felony or misdemeanor. (People v. Superior Court of Los 11 Angeles County (Alvarez) (1997) 14 Cal.4th 968, 974.) The court may reduce the offense even if 12 the prosecution objects. (People v. Thomas (2005) 35 Cal. 4th 635, 640; Esteybar v. Municipal 13 Court (1971) 5 Cal.3d 119.) Furthermore, the court has jurisdiction to reduce an offense to a 14 misdemeanor even after the period of probation has expired, in order to “reward a convicted 15 defendant who demonstrates by his conduct that he is rehabilitated.” (Meyer v. Superior Court of 16 Sacramento County (1966) 247 Cal.App.2d 133, 140.) 17 Here, the defendant was convicted of ______. [INSERT CODE NAME AND 18 SECTION NUMBER]( For example: Penal Code section 459, Health and Safety Code section 19 11379, etc.) The defendant was not sentenced to time in the state prison; this court therefore has the

20 authority under Penal Code § 17(b), to reduce defendant’s conviction to a misdemeanor. 21 22 Dated: Your signature 23 [TYPE YOUR NAME HERE] Defendant in Pro Per 24 25 26 27 28 2 POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO REDUCE FELONY TO MISDEMEANOR