People v. Smith

Appellant was convicted on his nolo contendere pleas of three counts of lewd and lascivious acts upon or with the body of a child under age 14. The trial court sentenced appellant to prison for the eight-year upper base term on count XXIV, plus consecutive terms of one year, eight months on counts IX and XIV. Appellant contends 1) that the statute of limitations barred his convictions on counts IX and XIV; 2) that the trial court erred in computing his consecutive term on count IX. Respondent disputes the statute of limitations point but concedes that the consecutive sentence on count IX should be reduced to one year, four months. We will hold that neither count was barred by the statute of limitations. We will modify the judgment to correct the computational error.

Preliminarily, we note a procedural barrier to appellant’s first claim. Penal Code section 1237.5 provides: “No appeal shall be taken by defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of probation following an admission of violation, except where:

Appellant neither sought nor procured a probable cause certificate from the trial court. Relying on People v.…