P. v. Verts CA2/6
Jordan Lee Verts was charged with committing a battery with serious bodily injury (Pen. Code, § 243, subd. (d)), a crime punishable as either a felony or a misdemeanor. During deliberations, the jury informed the court it was “[h]ung at 7-5 for not guilty.” Out of the jury’s presence, Verts moved to dismiss the charge pursuant to section 1385. The court denied Verts’s request but on its own motion declared the charge “a misdemeanor, for all purposes” pursuant to section 17, subdivision (b) (hereinafter section 17(b)). After questioning the jurors, the court determined that the jury was “hopelessly deadlocked” and declared a mistrial. The People now purport to appeal from the court’s declaration, asserting it is “[a]n order modifying the verdict or finding by . . . modifying the offense to a lesser offense.” (§ 1238, subd. (a)(6).) Verts claims that the challenged ruling is not such an order. We agree and dismiss the appeal.
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