People v. Pedroso CA2/5

I. INTRODUCTION

Defendant Kevin Pedroso appeals from a judgment of conviction entered following a plea of nolo contendere, arguing that his sentence should be reversed as he did not knowingly and intelligently waive his right to custody credits. Because defendant did not obtain a certificate of probable cause under Penal Code section 1237.51, we dismiss.

II. FACTUAL BACKGROUND2

On November 8, 2022, Beverly Hills police officers responded to a report of a theft at Saks Fifth Avenue. The officers contacted a store loss prevention agent who explained that defendant entered the store, placed two shirts with an estimated value over $950 inside his jacket, and exited the store without paying. According to the agent, store security officers contacted defendant outside the store and escorted him to their security office. The responding officers reviewed store surveillance video, confirmed the report, and arrested defendant.

III. PROCEDURAL BACKGROUND

In a December 19, 2022, information, case number SA107472, the Los Angeles County District Attorney charged defendant with grand theft in violation of section 487, subdivision (a). The District Attorney alleged that defendant had…