Schlager

Defendant pleaded no contest to attempted second degree murder in violation of Penal Code sections 664/187, subdivision (a), arson in violation of Penal Code section 451, two counts of burglary in violation of Penal Code Section 459, three counts of receiving stolen property in violation of Penal Code section 496, subdivision (a) and cultivation of marijuana in violation of Health & Safety Code section 11358. (Subsequent undesignated statutory references are to the Penal Code.)

On appeal, defendant contends only that the trial court violated section 654 because it "imposfed] punishments for multiple convictions arising out of an indivisible course of conduct." The People argue the appeal should be dismissed because defendant failed to obtain a certificate of probable cause and his plea of no contest waived his section 654 claim. We conclude that defendant's appeal must be dismissed due to his failure to obtain a certificate of probable cause.

We take the facts from the probation report and the preliminary hearing transcript.

During the night of February 16, 1999, defendant entered Timothy Sjostrom's house to commit a burglary. During the burglary, defendant stabbed…