The People of the State of California v. Robert Joseph Medellin

San Jose, California criminal defense lawyer represented the Defendant charged with assault by a police officer.



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Legal issue Can a trial court's failure to reduce a felony conviction to a misdemeanor under Penal Code section 17(b) be challenged on appeal if no such request was made during the trial?

Headnote



CRIMINAL LAW. APPELLATE REVIEW/WAIVER. The case discusses the forfeiture of a defendant's right to appeal concerning a reduction of conviction under Penal Code section 17(b), highlighting that issues not raised at trial cannot be considered for the first time on appeal unless properly preserved.



CRIMINAL PROCEDURE. SENTENCING/PROBATION TERM. The decision addresses the reversal of a probation order due to the imposition of a three-year probation term that exceeded the statutory maximum of two years established by the amended Penal Code, effective January 1, 2021.



Key Phrases Felony assault by a public officer. Reduction to a misdemeanor. Appellate standards of review. Maximum probation term. Ineffective assistance of trial counsel.



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After a jury convicted Robert Joseph Medellin of felony assault by a public officer, the trial court sentenced him to three years of probation and a custodial term.



Reversed