Isaia

Upon a trial by the court at which the issue of defendant’s guilt was submitted upon the transcript of the preliminary hearing, defendant was convicted of unauthorized possession of marijuana in a prison farm in violation of Penal Code section 4573.6. Defendant appeals his felony conviction, contending the municipal court was correct in finding that the crime was a misdemeanor; thus his guilty plea to the misdemeanor charge should stand. Defendant’s contention requires us to construe section 18; the construction we adopt dictates that we reject defendant’s contention and affirm the judgment.

Factual and Procedural Background

Defendant was an inmate of the Stanislaus County Honor Farm when a marijuana cigarette was found in his possession. Following the preliminary hearing on the charge of unauthorized possession of drugs in a prison farm, the municipal court found, pursuant to section 17, subdivision (b)(5), and section 18, that defendant’s crime was a misdemeanor. Defendant pleaded guilty to the misdemeanor violation.

The superior court overturned the municipal court’s finding and ordered that the municipal court’s order reducing the charge to a misdemeanor be…