People v. Myers

Opinion

COFFEE, J.

Appellant Robert Dale Myers pleaded guilty to one count of felony possession of cocaine (Health & Saf. Code, § 11350, subd. (a)), and the trial court deferred entry of judgment. Several weeks later, the court revoked appellant’s deferred entry of judgment and reinstated criminal proceedings. It suspended imposition of sentence and granted appellant Proposition 36 drug treatment probation. (Pen. Code, § 1210.1.)

1

Appellant successfully completed the program, and the court granted his request for early termination of probation. It set aside appellant’s guilty plea and dismissed the case pursuant to section 1210.1, subdivision (d)(1).

Appellant filed a motion requesting the court to reduce his felony to a misdemeanor, which was denied. He claims that, because he did not serve a prison sentence, his offense cannot be considered a felony. He also raises an equal protection claim. We reject his contentions and affirm.

DISCUSSION

Certificate of Probable Cause

Section 1237.5, subdivision (a) provides that a defendant may not appeal a judgment of conviction entered on a plea of guilty or nolo contendere unless he or she has filed a statement with the trial court “showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings,” and has obtained a certificate of probable cause for the appeal. (See

People

v.

Mendez

(1999) 19 Cal.4th 1084, 1096 [81 Cal.Rptr.2d 301, 969 P.2d 146].) If, however, the appeal is based solely upon grounds occurring after entry of the plea, which do not challenge its validity, such as sentencing issues, a certificate of probable cause is not required. (Cal. Rules of Court, rule 8.304(b)(4)(B);

People v. Cuevas

(2008)

44

Cal.4th 374, 379 [79 Cal.Rptr.3d 303, 187 P.3d 30].) The People contend that this appeal must be

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