Cole

Defendant Ervin Eugene Cole seeks to appeal from a judgment of conviction entered after a no contest plea to three felony counts. He also admitted two prior serious or violent felony convictions under the “Three Strikes” law and three prior prison terms. With the concurrence of the prosecutor, the superior court represented that it would not sentence him to more than 25 years to life. Further, it would consider striking one or more of his prior serious or violent felony convictions. After a separate hearing, the court declined to strike either of his prior Three Strikes convictions, and sentenced defendant to 25 years to life. Defendant filed a notice of appeal purporting to raise only issues occurring after entry of the plea. (See Cal. Rules of Court, rule 31(d).) He did not secure a certificate of probable cause. (See Pen. Code, § 1237.5; Cal. Rules of Court, rule 31(d).)

On appeal, he raises four claims: (1) he must be allowed to withdraw his plea, because it was “manifestly influenced” by the superior court’s promise to consider striking one or more of his prior serious or violent felony convictions; (2) his sentence of 25 years to life constitutes cruel and unusual…