Ramirez

After appellant Francisco Ramirez pleaded guilty in 2003 to selling cocaine base, the trial court sentenced him to four years in state prison, suspended execution of the sentence, and placed him on probation. In 2004, appellant admitted a probation violation as part of a plea agreement that allowed him to remain on probation but increased his previously imposed, unexecuted sentence from four to five years. In 2006, the trial court found that appellant had violated the terms of his probation, terminated his probation, and ordered him to serve the five-year prison term that had been imposed but suspended in 2004.

On appeal, appellant challenges his five-year sentence, claiming the trial court lacked authority to modify his original four-year sentence. Although we conclude the trial court exceeded its jurisdiction by increasing appellant’s sentence, we also conclude that appellant is not entitled to relief under the circumstances presented here. First, because appellant agreed to the increased sentence as part of a plea bargain, he cannot be heard to complain that the court exceeded its jurisdiction by imposing the modified sentence. Second, his challenge is untimely…