P. v. Smith CA1/1
After defendant pled no contest to charges of felony fleeing the scene of an accident and misdemeanor vehicular manslaughter, the trial court placed him on five years’ felony probation with one year in county jail. When he brought a motion to reduce his felony conviction to a misdemeanor under Penal Code section 17, subdivision (b) (hereafter section 17(b)), the court granted the motion based on defendant’s agreement to a condition providing that if defendant violated his probation, the court would reinstate the felony conviction. After defendant later admitted to a probation violation, the trial court reinstated the felony conviction. Defendant appeals, contending the trial court lacked jurisdiction to reimpose the felony sentence and the trial court’s sentence was the result of an unenforceable judicial plea bargain. We conclude the trial court’s action was unauthorized by law and remand for reconsideration of defendant’s motion to reduce his offense to a misdemeanor.
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