People v. Pearce CA3

Filed 1/7/15 P. v. Pearce CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C072577

Plaintiff and Respondent, (Super. Ct. No. CM036747)

v.

NATHAN RICHARD PEARCE,

Defendant and Appellant.

Defendant Nathan Richard Pearce appeals following his sentence to county jail pursuant to a plea agreement. He contends the sentence violated the plea agreement and his right to due process because it included enhancements for prior prison terms that had been stricken under the agreement. Because this contention attacks the validity of the plea and defendant did not obtain a certificate of probable cause, we dismiss the appeal.

1

FACTUAL AND PROCEDURAL BACKGROUND

We omit the facts of defendant’s…