Lynall

People v. Lynall

Good Law
183 Cal. Rptr. 3d 129·2015 Cal. App. LEXIS 86·233 Cal. App. 4th 1102
Court of Appeal of CaliforniaJanuary 29, 2015H041737California3,340 words

Opinion

Opinion

Marquez, J.

— In this case, as in the companion case of People v. Rivera (2015) 233 Cal.App.4th 1085 [ 183 Cal.Rptr.3d 362 ] (Rivera), we review the effect, if any, of recently enacted Proposition 47, the Safe Neighborhoods and Schools Act, on appellate jurisdiction.

In Rivera , after the court imposed a felony sentence, the defendant petitioned to have his sentence recalled and to be resentenced as a misdemeanant pursuant to Penal Code section 1170.18, which the voters enacted as part of Proposition 47. (Further undesignated statutory references are to the Penal Code.) Rivera also asked the court to designate his conviction a misdemeanor under section 1170.18. The trial court granted his requests. (Rivera, supra, 233 Cal.App.4th at p. 1089.) The question presented in Rivera is whether the case is a felony case or a misdemeanor case for the purpose of appellate jurisdiction. The question arises because section 1170.18, subdivision (k) provides that “[a]ny felony conviction that is recalled and resentenced ... or designated as a misdemeanor under [that section] shall be considered a misdemeanor for all purposes . . . .” (Italics added.)

In Rivera , we held that nothing in…

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