Can a defendant be convicted of a "wobbler" violation of section 136.1, subdivision (b)(1) of the California Criminal Code?

Pursuant to People v. Neely (2004) 124 Cal.App.4th 1258, 1266 (Neely),⁷ "all felony violations of . . . section 136.1 are serious felonies." Defendant here was convicted under section 136.1, subdivision (b)(1), which is a wobbler. (People v. Torres (2011) 198 Cal.App.4th 1131, 1147.) Thus, we must now determine whether defendant was convicted of a felony or a misdemeanor. "A wobbler offense charged as a felony is regarded as a felony for all purposes until imposition of sentence or judgment. [Citations.] If state prison is imposed, the offense remains a felony; if a misdemeanor sentence is imposed, the offense is thereafter deemed a misdemeanor." (People v. McElroy (2005) 126 Cal.App.4th 874, 880.)