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236 PC False improsinment. Is it legally a wobbler?
Anonymous2 views4 answers
I accepted plea deal of non serious / non violent felony false improsinment. Sentenced to 3 years probation, community service & fine. I've completed everything and terminated probation early. Now asking for 17b reduction as agreed on plea. It's in writing & on the sentencing transcripts that I plead to a wobbler & could be reduced to misdemeanor. Now DA is saying it is not a wobbler & oops to bad it was a mistake. Judge has made a factual finding of it not being a wobbler. Motion has been continued. Should I just take this up on appeal?
Section 237 tells me it is a wobbler. Where is your attorney on this? Unless you didn't plea to 236 and pled to something else with an agreement to change to a 236 later.
It sounds like you are surrounded by morons. You are right and they are wrong. You probably can take a writ of mandate from the court's decision to the court of appeal. If you are thinking of law school, as some of your comments suggest, even a misdo false imprisonment is going to require some explaining. It also sounds like you are trying to do this on your own, a sure recipe for failure. Hire a lawyer to help you.
Your motion date has been continued, which means you still have a chance to remedy this before you have to consider an appeal or other options. Hiring an attorney now will save you money and time in the future, as an appeal ,etc. will be much more time consuming, costly and harder to overcome.
