Moore

BACKGROUND

On September 1, 2022, defendant pleaded no contest to the charge of stalking in violation of section 646.9, subdivision (a). Defendant was sentenced to 36 months of probation and ordered to serve a term in a Mendocino County jail or other approved California correctional facility for 96 days, with credit for 48 days served. After his stalking conviction, defendant violated his probation four times. After defendant admitted his fourth probation violation, the court permanently revoked his probation and sentenced him to two years in prison with credit for 417 days. Defendant filed his notice of appeal on May 19, 2023, indicating that the appeal is based on “[t]he sentence or other matters occurring after the plea or admission that do not affect the validity of the plea or admission.” (California Rules of Court, rule 8.304(b)(2)(B).) Defendant did not request or obtain a certificate of probable cause.

DISCUSSION

Defendant contends that no certificate of probable cause is required to raise his ineffective assistance of counsel claim because his appeal challenges only the trial court’s sentencing and not the validity of his plea. Defendant alleges that his counsel was…