Myers

Appellant Robert Dale Myers pleaded guilty to one count of felony possession of cocaine (Health & Saf. Code, § 11350, subd. (a)), and the trial court deferred entry of judgment. Several weeks later, the court revoked appellant’s deferred entry of judgment and reinstated criminal proceedings. It suspended imposition of sentence and granted appellant Proposition 36 drug treatment probation. (Pen. Code, § 1210.1.) Appellant successfully completed the program, and the court granted his request for early termination of probation. It set aside appellant’s guilty plea and dismissed the case pursuant to section 1210.1, subdivision (d)(1).

Appellant filed a motion requesting the court to reduce his felony to a misdemeanor, which was denied. He claims that, because he did not serve a prison sentence, his offense cannot be considered a felony. He also raises an equal protection claim. We reject his contentions and affirm.

DISCUSSION

Certificate of Probable Cause

Section 1237.5, subdivision (a) provides that a defendant may not appeal a judgment of conviction entered on a plea of guilty or nolo contendere unless he or she has filed a statement with the trial court “showing…