Vargas

Defendant appeals his conviction by plea of guilty to one count of robbery with a firearm use enhancement also admitted. On appeal defendant contends that the court erred in refusing to grant his motion for a continuance which he brought on the eve of trial immediately after the court granted his motion to proceed in propria persona (pro. per.) thereby denying his right to effective assistance of counsel. He further contends the court erred in reducing his conduct credits by 10 days at his sentencing hearing.

The People contend this appeal should be dismissed because defendant waived his right of appeal as part of his negotiated plea agreement. We conclude defendant made a knowing, intelligent and voluntary waiver of his right to appeal any error occurring prior to his waiver; therefore, we will not consider his claim of error regarding the denial of his motion to continue and the deprivation of his right to effective assistance of counsel. We also conclude, however, that he did not make a knowing and intelligent waiver of prospective sentencing error. Considering his remaining claim of sentencing error on the merits, we find no error. Therefore, the judgment is…