EZR Week 9

EZReview - April 4th - 13th

The People v. Miguel Angel Rivera 233 Cal.App.4th

Opinion

    On November 4th, 2014, Proposition 47 was agreed by voters, the Safe Neighborhoods and Schools Act, and went into effect the next day. In this case, along with the case People v. Lynall, the court review the problem regarding that which court - the Court of Appeal or the apeallate division of the superior court - has the jurisdiction when the defendant was originally convicted of a felony, but later designated or resentanced to a misdemeanor under Propostion 47. The court review that in Penal Code section 1170.18, subdividion (k), any felony convition that is recalled or resentenced to a misdemeanor shall be considered a misdemeanor for all purposes.

    The court identified the jurisdictional ques tion and asked the parties to address the question in letter briefs. In the letter briefs, both parties argue that this is a felony case for the purp ose of appellate jurisdiction, and this court has the jurisdiction over this appeal. The court agreed that the Proposition 47 does not alter the existing rules regarding appellate juisdiction. If a defendant is charged with at least on felony in any case, it si a felony case and appellate jurisdiction properly lies with this court.