Stewart

People v. Stewart

Good Law
107 Cal. Rptr. 2d 830·2001 Cal. App. LEXIS 449·2001 Daily Journal DAR 5937·89 Cal. App. 4th 1209·2001 Cal. Daily Op. Serv. 4841
Court of Appeal of CaliforniaJune 12, 2001No. E026720California3,791 words

Opinion

Lead Opinion

Hollenhorst, J.

Notwithstanding a negotiated plea agreement that stipulated defendant was vulnerable to a six-year prison term, he challenges his six-year sentence. On our own motion, we noted that defendant had failed to obtain a certificate of probable cause and we asked the parties to file supplemental briefs addressing the significance of this fact. As discussed below, the appeal will be dismissed because defendant failed to comply with Penal Code section 1237.5 and California Rules of Court, rule 31(d). 1 (See People v. Panizzon (1996) 13 Cal.4th 68 [ 51 Cal.Rptr.2d 851 , 913 P.2d 1061 ]; People v. Young (2000) 77 Cal.App.4th 827 [ 91 Cal.Rptr.2d 916 ].)

Factual and Procedural Background

In 1998, the woman who was married to defendant at the time informed the police that defendant had molested her children from her previous marriage. An officer interviewed one of the children (Victim I) who said that he was molested by defendant at least once a month between October of 1991 and March of 1993. Defendant would have Victim I, who was 10 years old at the time, sit on his lap while they were driving the car. While Victim *1213 I would steer the car, defendant would fondle his genitals.…

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