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Old 03-21-2013, 6:31 PM
TulareCounty TulareCounty is offline
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Default Standard language for a wobbler

Quote:
Originally Posted by gotshotgun? View Post
"(2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year, in a county jail "

This makes no sense unless they mean it as a wobbler. A period not to exceed one year in county jail is a misdemeanor offense. And the grammar is terrible too...
When the statute says "punished as a felony" and the specific sentencing triad is not stated, the default sentencing range for the felony is 16 months, or 2 years , or 3 years.

Punished "for a period not to exceed one year, in a county jail" means it is a felony that can be reduced to a misdemeanor.

That phrasing is standard throughout the penal code.
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