The fate of El Centro City Council Member Jason Jackson is now in the hands of the California Supreme Court.
Jackson pleaded guilty to one count of animal cruelty in 2016 after authorities found a malnourished horse on his property.
Jackson was due to serve 10-days in jail but has since motioned to have his plea withdrawn because he'd be denied a permit to carry and conceal a weapon. Jackson says the permit is essential to his security business.
The former El Centro Mayor is still trying to get his plea agreement dropped.
But the Fourth District Court of Appeals in San Diego denied that request in January.
Raj Singh, Jackson's defense attorney said that the Court of Appeals denied his request without giving any reasons why.
"Well the 4th appellate district pretty much summarily denied his request for certificate of probable cause and what that mean is they denied it and they didn't give any written decision or any explanation for why they denied it," said Singh.
Jackson then petitioned to the State Supreme Court to review the Court of Appeal's decision which was granted.
Singh said, "They granted his request for review. His appeal is still alive. He's going to pursue that certificate of probable cause with the Court of Appeal."
One local animal rights group is unhappy that Jackson hasn't served his time yet.
Cherokee Turner, Animal Justice Advocates said, "The people that know about it are upset. I mean it's an animal. It's innocent. On all the cases down here and they need to be held accountable. It's not okay to hurt an animal."
Jackson's next hearing is scheduled for November 14th.