People v. Morales (2014)

In People v. Morales (2014) 224 Cal.App.4th 1587, the defendant argued that " 'appellate jurisdiction is ascertained by examining how the case was originally charged.' " (Morales, supra, 224 Cal.App.4th at p. 1599.) The Court disagreed in part, stating that under People v. Nickerson (2005) 128 Cal.App.4th 33, "it is imprecise to say the original charging document controls. In Nickerson, although the ... complaint contained a felony count, the defendant was never held to answer for the felony and the case proceeded past the preliminary hearing stage on the misdemeanor counts only. No felony information or indictment was ever filed; no complaint charging the defendant with a felony was ever certified to the superior court. Thus, even though the original charging document contained a felony, it was a misdemeanor case for the purpose of appellate jurisdiction. Under rule 8.304, once the defendant is held to answer for a felony offense and an information or indictment is filed or a complaint accusing the defendant of a felony is certified to the superior court, the charging document then controls." (Morales, at p. 1599.)