Rivera

On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (hereafter Proposition 47), which went into effect the next day. (Cal. Const., art. II, § 10, subd. (a).) In this case, and in the companion case of People v. Lynall (2015) 233 Cal.App.4th 1102 [ 183 Cal.Rptr.3d 129 ], we review questions regarding the effect of Proposition 47 on appellate jurisdiction. Here we determine which court — the Court of Appeal or the appellate division of the superior court — has jurisdiction over an appeal from a case in which the defendant was originally convicted of a felony, but the offense was later (1) designated a misdemeanor under Proposition 47, or (2) the defendant was resentenced as a misdemeanant under Proposition 47. As part of our analysis, we review the effect of language in Penal Code section 1170.18, subdivision (k) — which was enacted as part of Proposition 47- — that “[a]ny felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) [of section 1170.18] shall be considered a misdemeanor for all purposes . . . .”

We identified the jurisdictional question on our own…