Cuevas

Negotiated plea agreements often specify a "lid" or maximum sentence of something less than the maximum term that could otherwise be imposed. In People v. Shelton (2006) 37 Cal.4th 759 , 37 Cal. Rptr.3d 354 , 125 P.3d 290 ( Shelton ), the Supreme Court held that a defendant must obtain a certificate of probable cause before raising a Penal Code section 654 [1] challenge to a sentence that does not exceed the lid specified in a plea agreement, because such a challenge affects the validity of the plea itself. (§ 1237.5.) In this case we are asked to determine whether the rule articulated in Shelton applies when the plea agreement does not specify a lid, but the court, in taking the plea, advises the defendant of the maximum sentence available for the charges and proceeds to impose a sentence within that theoretical maximum.

We conclude that in such cases, the defendant and prosecution have not agreed to any specified maximum sentence, and a challenge to the sentence on section 654 grounds (or on other grounds affecting its legality) does not affect the validity of the plea itself. In such cases, no certificate of probable cause is required.

We therefore address the…