People v. Covarrubias CA5
Opinion
Opinion
INTRODUCTION
Appellant Pedro Campos Covarrubias pleaded guilty to three counts of committing a lewd and lascivious act against a child by means of force, violence, duress, menace and threat of great bodily harm (Pen. Code, § 288, subd. (b)(1)) in exchange for a prison term of 24 years. The prosecutor arrived at this term by selecting the middle term of eight years on all three counts. Following sentencing, the California Department of Corrections and Rehabilitation sent a letter notifying the superior court that the middle term of the applicable sentencing triad on one of the convictions—which occurred between 2009 and 2010—was six years, not eight years. Consistent with the parties’ stipulated sentence, the trial court resentenced Covarrubias to the upper term of eight years on count 6, and the middle term of eight years on counts 4 and 5. On appeal, Covarrubias contends he is entitled to have his sentenced reduced by two years, resulting in an overall prison sentence of 22 years. Covarrubias did not obtain a certificate of probable cause from the trial court upon filing his notice of appeal. His appeal is therefore dismissed.