People v. Rivera
233 Cal. App. 4th 1085
| Cal. Ct. App. | 2015Background
- Rivera was charged by information with felony drug offenses (Health & Safety Code §§ 11351, 11378, later amended to add § 11350 as count 3) and pleaded no contest to count 3 as a felony; other counts were dismissed.
- He was granted felony probation without imposition of sentence, later admitted probation violations, and the court imposed a 16‑month felony term on December 4, 2014.
- Rivera filed a Proposition 47 petition under Penal Code § 1170.18; the court recalled sentence, designated the conviction a misdemeanor, resentenced him to county jail time, and released him with credit for time served.
- Rivera filed a notice of appeal on the Judicial Council felony form; the Court of Appeal raised on its own whether it had jurisdiction or whether the appellate division of the superior court did.
- Proposition 47 (including § 1170.18(k)) states that a felony conviction recalled and resentenced or designated as a misdemeanor “shall be considered a misdemeanor for all purposes.” The court analyzed whether that language changes appellate‑jurisdiction rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate jurisdiction lies in the Court of Appeal or the superior court appellate division after resentencing/designation under Prop 47 (§ 1170.18) | The People argued the Court of Appeal has jurisdiction because a felony was charged in an information, invoking the rule that a case is a "felony case" when a felony is charged. | Rivera argued § 1170.18(k) makes the conviction a misdemeanor for all purposes, so jurisdiction should lie in the appellate division. | The Court of Appeal held existing jurisdictional rules are unchanged: because a felony was charged in an information, this is a "felony case" and jurisdiction lies with the Court of Appeal (except the limited Scott circumstance). |
Key Cases Cited
- People v. Morales, 224 Cal.App.4th 1587 (Cal. Ct. App. 2014) (supports bright‑line rule that certification/filing charging a felony makes the case a felony case for appeal)
- People v. Feyrer, 48 Cal.4th 426 (Cal. 2010) (wobbler remains a felony until court reduces it to a misdemeanor at sentencing)
- People v. Banks, 53 Cal.2d 370 (Cal. 1959) (historical interpretation that charge stands as felony until judgment reducing to misdemeanor)
- People v. Nickerson, 128 Cal.App.4th 33 (Cal. Ct. App. 2005) (holding that absent certification/filing of a felony, case may be misdemeanor for jurisdictional purposes)
- People v. Scott, 221 Cal.App.4th 525 (Cal. Ct. App. 2013) (limited exception where felony counts are dismissed and an amended pleading charges only misdemeanors)
- People v. Douglas, 20 Cal.4th 85 (Cal. 1999) (discusses rule that appeals lie in Court of Appeal when felony was charged regardless of outcome)
- People v. Moomey, 194 Cal.App.4th 850 (Cal. Ct. App. 2011) (confirming that reduction to misdemeanor is effective prospectively from the time of reduction)