Buttram

Defendant Randy Loyd Buttram appeals from the judgment sending him to prison for six years after he pleaded guilty to possessing heroin and methamphetamine in exchange for a promise his sentence would not exceed six-years. He failed to obtain a certificate of probable cause from the trial court. He contends the court abused its discretion by refusing to initiate proceedings to commit him to the California Rehabilitation Center (CRC) under Welfare and Institutions Code section 3051.

We invited supplemental briefing as to whether the appeal is properly brought under an exception to the certificate of probable cause requirement. We conclude such a certificate was required and dismiss the appeal.

Defendant had several prior felony convictions and agreed to plead guilty in exchange for a promise by the court that he would not be sentenced to more than six years in prison. On the plea form, the six-year term was referred to as a "lid." In the colloquy with the court, it was referred to as a "maximum six year state prison term." To eliminate any possible confusion, the court emphasized at that time that there was no assurance he would get anything less than that term.…