People v. Robinson CA1/1

INTRODUCTION

Defendant Virgil E. Robinson appeals from a four-year state prison sentence imposed as part of a negotiated disposition that included his guilty plea to a violation of Health and Safety Code section 11351.5, the dismissal of numerous other charges and cases against him, dismissal of the case against his codefendant, and an appeal waiver. His sole contention on appeal is that a state prison sentence for possession of crack cocaine for sale is either unauthorized or a clerical error, and he must instead be sentenced to county jail pursuant to the Criminal Justice Realignment Act of 2011 (hereafter Realignment Act, or Act) (Stats. 2011, 1st Ex. Sess. 2011-2012, ch. 12, § 1; codified at Pen. Code, § 1170, subd. (h)).1 Defendant’s claim is barred by his failure to obtain a certificate of probable cause, as well as by his appeal waiver. We therefore dismiss the appeal.

1 Unless otherwise indicated, statutory references are to the Penal Code.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY2

On December 18, 2012, San Leandro police officers stopped a car driven by defendant for a traffic violation. Codefendant Moniqua Smiley was a passenger. The officers smelled the odor of…