What is the consequence of a finding that a defendant committed a misdemeanor violation of section 25400, subdivision (a)(2) of the California Criminal Code?

In sum, we conclude the court erred when it sentenced defendant to a felony term for count 7. (See People v. Palmer (2001) 86 Cal.App.4th 440, 444 ["It violates fundamental notions of due process to deem a defendant convicted of an offense

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on which the jury was never instructed."].) Defendant does not, however, challenge the sufficiency of the evidence to support a finding that he committed a misdemeanor violation of section 25400, subdivision (a)(2). Instead, he requests only that we modify the court's judgment by reducing his conviction for a felony violation of that section 25400, subdivision (a)(2), in count 7 to a misdemeanor and remand the matter for a new sentencing hearing. That is the appropriate remedy in this case. (See People v. Edwards (1985) 39 Cal.3d 107, 118.)