Is a post-judgment denial of an application to reduce an eligible felony to a misdemeanor appealable?

California, United States of America


The following excerpt is from People v. Shabazz, 187 Cal.Rptr.3d 828, 237 Cal.App.4th 303 (Cal. App. 2015):

Two final notes are in order. To begin with, there are other retroactivity issues raised by the adoption of Proposition 47. We have addressed only one narrow aspect of those issues. Finally, we need not address the issue of whether a defendant may appeal the denial of an application to reduce an eligible felony to a misdemeanor. (See People v. Loper (2015) 60 Cal.4th 1155, 1158, 1168, 184 Cal.Rptr.3d 715, 343 P.3d 895 [post-judgment denial

[237 Cal.App.4th 315]

of 1170, subd. (e) compassionate release recommendation appealable as an order made after judgment affecting the accused's substantial rights]; Teal v. Superior Court (2014) 60 Cal.4th 595, 598601, 179 Cal.Rptr.3d 365, 336 P.3d 686 [denial of postjudgment 1170.126 sentence recall petition is appealable].)

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