California, United States of America
The following excerpt is from People v. Lopez, 211 Cal.Rptr.3d 417, 6 Cal.App.5th 494 (Cal. App. 2016):
Lopez admitted he suffered the prior convictions. But this does not preclude him from raising on appeal the legal question whether the 2003 convictions fall within the class of convictions for which section 11370.2 authorizes enhanced punishment. (People v. Park (2013) 56 Cal.4th 782, 789, fn. 3, 156 Cal.Rptr.3d 307, 299 P.3d 1263 (Park ).) In Park , defendant's admission that he suffered a prior serious felony conviction pursuant to Penal Code section 667, subdivision (a) did not preclude his successful argument on appeal that the prior conviction did not fall within the class of convictions for which Penal Code section 667, subdivision (a) authorized enhanced punishment because his prior felony conviction was reduced to a misdemeanor before he committed the present offense. (Ibid . )
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