Skip to content
Name: People v. Nickerson
Case #: C045602
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/04/2005

The original complaint in this case charged a felony and two misdemeanor violations. After the preliminary hearing, the magistrate reduced the felony charge to a misdemeanor, and the case went to trial on two misdemeanor charges. After the jury convicted on one of the misdemeanors, appellant filed a notice of appeal in superior court. The clerk directed the appeal to the Court of Appeal. In this opinion, the appellate court transferred the case to the appellate division of the superior court pursuant to Government Code section 68915. Once a magistrate has reduced all charges from felonies to misdemeanors under section 17, subdivision (b)(5), the defendant is no longer “charged with a felony.” The resulting case is a misdemeanor case and appellate jurisdiction belongs in the appellate division of the superior court. Since appellant timely filed a notice of appeal, and it was misdirected to the Court of Appeal, a dismissal of the appeal would unjustly deprive him of his right to appeal. The Court of Appeal has the inherent authority to transfer the case to the appropriate court.