People v. Patton CA3

DISCUSSION

Defendant’s contention requires a certificate of probable cause. Defendant contends there was no Cruz waiver and the trial court lacked jurisdiction to sentence him the second time. He claims the three-year term is statutorily unlawful and a violation of federal due process. The People respond that defendant’s challenge to the second sentencing is in substance a challenge to the plea insofar as the plea allowed resentencing following the failure to surrender. The attack on the plea makes the appeal subject to section 1237.5, which requires a certificate of probable cause. We agree with the People. Background Defendant entered into a written plea agreement in which he pleaded guilty to transportation of methamphetamine in exchange for a two-year county jail term and dismissal of all remaining counts and enhancements. The plea agreement provided that defendant faced a maximum time of imprisonment of four years. The plea agreement also provided, in relevant part: “10. AFTER THE PLEA “[Defendant’s initials]. a. Surrender: I understand that the court is allowing me to surrender at a later date to begin serving time in custody. “[Defendant’s initials.] If the box to the left…