Rushing

In an information filed in October 2005, defendant Kenneth Rushing was charged as follows:

Pursuant to a plea bargain, defendant pled guilty to count I and admitted the five prior strikes and serving two prison terms.

In exchange for defendant’s plea, the prosecution agreed to dismiss count II, a felony, and an unrelated misdemeanor charge for driving under the influence.

In connection with the entry of his plea, defendant agreed in writing as follows: “I understand that the maximum term facing me as a result of this plea is 27 yrs to life.”

In addition, the oral colloquy between the court and defendant, when defendant entered his plea, includes the following:

Defendant was sentenced to 27 years to life in prison: 25 years to life for failing to register as a sex offender with five prior strike convictions, and a two-year enhancement for serving two prior prison terms. Without obtaining a certificate of probable cause, defendant appeals, contending:

In the published portion of this opinion, we conclude that defendant’s constitutional contentions are not cognizable on appeal without a certificate of probable cause. In the unpublished portion of the opinion, we…