P. v. Mathews
In this Peoples appeal, the trial court accepted defendant James Lee Mathewss plea to two felony counts of vehicle theft with a prior felony conviction (Veh. Code, 10851, subd. (a); Pen. Code, 666.5, subd. (a) [all further undesignated section references are to the Penal Code]), then purported to reduce both counts to misdemeanors under section 1385, which does not authorize that sentencing choice. Defendant argues that we should uphold the sentence in reliance on section 17, subdivision (b) (hereafter 17(b)), but that provision applies only to crimes defined by statute as wobblers and defendants offenses are not so defined. Therefore, we shall reverse and remand the matter to the trial court for further proceedings.
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