Can a defendant appeal his prior conviction for assault as a misdemeanor at the Court of Appeal?

Even if the court had addressed defendant's case individually, his prior prison term conviction had not been designated as a misdemeanor at that time. Defendant received the prior conviction in Los Angeles. Therefore, he had to file a petition with the LASC to designate his prior conviction as a misdemeanor. (People v. Diaz (2015) 238 Cal.App.4th 1323, 1332-1333.) Defendant's application to reclassify his prior conviction at the LASC was heard and granted after the petition for resentencing was denied in San Bernardino. As provided above, the LASC designated defendant's prior felony conviction in case No. LA068719 as a misdemeanor on May 12, 2015. Therefore, defendant's prior prison conviction had not been designated a misdemeanor at the time the trial court in this case denied defendant's petition for resentencing; the court never addressed this issue below. Therefore, we agree with the People and hold that this issue is premature. Defendant can file a petition in the trial court to seek a ruling on the effect of the redesignation of his enhancement conviction on his sentence.

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The trial court's order denying defendant's petition to recall his sentence is affirmed.