An appeals court has handed defense counsel a new settlement tool that will clear criminal calendars of “wobbler” offenses, or crimes that can be charged as either a felony or a misdemeanor, according to a dissenting judge.

In a majority opinion Monday, California’s Second District Court of Appeal noted the law does not allow a trial judge to grant a motion to reduce a felony to a misdemeanor before judgment or a grant of probation. Yet when a judge downgraded a felony charge to a misdemeanor ahead of trial, the appeals court found San Luis Obispo County District Attorney’s Office did not have the authority to appeal the order.

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