(DOWNLOAD) "Dorman v. Dwlc Corp." by California Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Dorman v. Dwlc Corp.
- Author : California Court of Appeals
- Release Date : January 27, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant Daniel Dent entered pleas of no contest to two "wobbler" offenses which the trial court found to be misdemeanors under Penal Code section 17, subdivision (b)(1). The People appeal from the ensuing judgment, contending that the "three strikes law" abrogated the trial courts discretion to declare wobbler offenses to be misdemeanors, and alternatively that the trial court abused its discretion in imposing a misdemeanor sentence on defendant. We follow the lead of three recent Court of Appeal decisions in holding that the three strikes law did not affect the trial courts discretion under section 17, subdivision (b)(1). ( People v. Vessell (1995) 36 Cal. App. 4th 285 [42 Cal. Rptr. 2d 241]; People v. Trausch (1995) 36 Cal. App. 4th 1239 [42 Cal. Rptr. 2d 836]; People v. Superior Court (Perez) (1995) 38 Cal. App. 4th 347 [ Cal. Rptr. 2d ].) However, we part company with Trausch on the issue of whether a trial court abuses its discretion where, as here, it selects a misdemeanor sentence for a wobbler offense solely to avoid the effects of the three strikes law. We find that such abuse occurred in this case, and remand for a proper exercise of sentencing discretion.