P. v. Kashani
Defendant Mir Massoud Kashani was found guilty by a jury of one count of committing grand theft.[1] On May 24, 2010, defendant filed a notice of appeal challenging the judgment of conviction. In People v. Kashani (Oct. 31, 2011, G043694) (nonpub. opn.), we affirmed the judgment of conviction; the California Supreme Court denied defendant’s petition for review.
While defendant’s appeal from his judgment of conviction was pending, on July 15, 2011, defendant filed a motion in the trial court, in which he requested that the trial court reduce his felony conviction to a misdemeanor under Penal Code section 17, subdivision (b) (the motion). On July 26, the trial court issued a minute order in which the court denied the motion. On September 15, defendant filed a notice of appeal as to the trial court’s order denying the motion. In his opening brief, defendant argues the trial court abused its discretion by denying the motion.
For the reasons we will explain, we dismiss the instant appeal for lack of jurisdiction. In the respondent’s brief, the Attorney General argues that the instant appeal must be dismissed because the trial court had no jurisdiction to rule on the motion during the pendency of the appeal from the judgment of conviction, and, thus, the court’s order denying the motion is not appealable.[2] In his reply brief, defendant acknowledges it “may be true†the trial court was without jurisdiction to rule on the motion.
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