01/15/2015
People v. Superior Court (Jalalipour) G049679 Jan. 7, 2015
Trial court judge may not reduce "wobbler" felony charges to misdemeanors after preliminary hearing but before offender's guilty pleas.
D.J. cite: 2015 DJDAR 244
California Courts of Appeal - 4th District
DAILY JOURNAL SUMMARY
A civil audit revealed that Alireza Jalalipour, who owned 12 Subway restaurants, had underreported collected sales tax from 2004 to 2010 and owed $1,400,000 in tax liability. The People filed a felony complaint charging Jalalipour with various crimes, including tax evasion. Subsequent to the preliminary hearing, Jalalipour moved to reduce the charged crimes to misdemeanors pursuant to Penal Code Section 17(b). At the hearing on the motion, after Jalalipour indicated his intent to plead guilty if the court reduced the charges, the court granted the motion. Thereafter, Jalalipour entered guilty pleas and received three years probation. The People petitioned for writ of mandate. Petition granted. Under Section 17(b)(5), a so-called “wobbler” offense may be declared a misdemeanor “at or before the preliminary examination.” After that, a superior court judge can make such a determination “at the time of granting probation” pursuant to Section 17(b)(3), which the California Supreme Court has determined to mean “after a grant of probation.” Such grants occur only “after a plea, finding, or verdict of guilty.” Here, the trial court reduced Jalalipour’s charges to misdemeanors after his preliminary hearing, but before his guilty plea and the grant of probation. Therefore, the trial court’s reduction of the charges to misdemeanors was unauthorized under Section 17(b). Opinion by Justice Ikola; Justice Thompson, dissenting.