People v. Rivera (2015)

In People v. Rivera (2015) 233 Cal.App.4th 1085, after the court imposed a felony sentence, the defendant petitioned to have his sentence recalled and to be resentenced as a misdemeanant pursuant to Penal Code section 1170.18, which the voters enacted as part of Proposition 47. (Further undesignated statutory references are to the Penal Code.) Rivera also asked the court to designate his conviction a misdemeanor under section 1170.18. The trial court granted his requests. (Rivera, supra, 233 Cal.App.4th at p. 1089.) The question presented in Rivera is whether the case is a felony case or a misdemeanor case for the purpose of appellate jurisdiction. The question arises because section 1170.18, subdivision (k) provides that "any felony conviction that is recalled and resentenced ... or designated as a misdemeanor under that section shall be considered a misdemeanor for all purposes ... ." In Rivera, the Court held that nothing in Proposition 47, including the provision that the conviction "shall be considered a misdemeanor for all purposes," alters existing rules regarding appellate jurisdiction. If the defendant was charged with at least one felony in an information, an indictment, or in a complaint that has been certified to the superior court under section 859a, it is a felony case and appellate jurisdiction properly lies with this court, regardless of the outcome on the felony charge. (Rivera, supra, 233 Cal.App.4th at p. 1089.)