Young

Following defendant’s plea of no contest in exchange for a maximum sentence of 25 years to life, the trial court imposed the agreed maximum sentence, refusing to impose a lesser sentence by striking one or more of his prior conviction allegations. Defendant appealed, contending that the maximum sentence constitutes cruel and unusual punishment. We dismissed his appeal on account of his failure to obtain a certificate of probable cause pursuant to Penal Code section 1237.5, but granted rehearing following defendant’s request to brief the issue. We now reaffirm our earlier ruling and dismiss the appeal.

Under section 1237.5 and rule 31(d) of the California Rules of Court , no appeal may be taken by a defendant from a judgment of conviction upon a plea of guilty or nolo contendere except where a certificate of probable cause is filed—unless the appeal deals with search and seizure issues, or is based on grounds “occurring after entry of the plea which do not challenge its validity.” (Rule 31(d).)

In People v. Panizzon (1996) 13 Cal.4th 68, 79 [ 51 Cal.Rptr.2d 851 , 913 P.2d 1061 ] (Panizzon), the California Supreme Court clarified that “a challenge to a negotiated sentence…