CARAVAJAL
People v. CARAVAJAL
Opinion
Opinion
Davis, J.
Defendant Jorge Socrroco Caravajal pleaded no contest to receiving stolen property (Pen. Code, § 496, subd. (a)) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and admitted a prior strike conviction (§ 667, subds. (b)-(i)). In exchange for his plea, the remaining charges were dismissed with the understanding that defendant would be sentenced to a term of five years four months in state prison. The trial court denied probation and sentenced defendant in accordance with the plea agreement.
Defendant appeals, claiming the trial court erred by failing to hold a Marsden hearing. We agree with the People that defendant’s contention is not cognizable on appeal because he failed to obtain a certificate of probable cause. Accordingly, we shall dismiss the appeal.
Facts and Procedural History
On April 21, 2006, defendant pleaded no contest to receiving stolen property and possession of a controlled substance and admitted a prior strike conviction. Prior to his plea, defendant stated that he understood he was stipulating to a state prison term of five years four months and that he would be required to register as a narcotics offender. Defendant’s…