Stewart
People v. Stewart
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.…