Is a convicted burglar who was convicted of a crime pursuant to section 459.59.4(1) of the Criminal Code who appealed against his sentence?

Defendant was charged in 2013 with commercial (second degree) burglary, pursuant to section 459. That crime was a wobbler, punishable by imprisonment in the county jail not exceeding one year or in the state prison. ( 461, subd. (b).) Defendant was charged with a felony violation of section 459. He appealed on June 17, 2014, before Prop. 47 passed. There is no indication that defendant has petitioned the superior court for recall of his sentence. A wobbler is deemed a felony unless and until it is subsequently reduced to a misdemeanor by the sentencing court pursuant to section 17, subdivision (b). (People v. Feyrer (2010) 48 Cal.4th 426, 438-439.)