Bobbit

People v. Bobbit

Good Law
138 Cal. App. 4th 445·2006 Cal. App. LEXIS 483·2006 Daily Journal DAR 4195·41 Cal. Rptr. 3d 480·2006 Cal. Daily Op. Serv. 2918
Court of Appeal of CaliforniaApril 7, 2006No. C049287California968 words

Opinion

lead Opinion

Cantilsakauye, J.

*447 Opinion

In exchange for dismissal of other charges and enhancements and a sentencing lid of 12 years and eight months, defendant Terrance Stephen Bobbit pled no contest to one count of sale of cocaine (Health & Saf. Code, § 11352, subd. (a)) and one count of offering to sell cocaine (ibid.) and admitted that he had suffered a prior serious felony conviction. (Pen. Code, §§ 459, 667, subds. (b)-(i), 1170.12, 1192.7, subd. (c).)

The court sentenced defendant to the maximum term permitted under the plea agreement. Defendant thereafter filed a notice of appeal in which he appeals “from all pre-trial rulings, all rulings made at the time of defendant’s plea and the Court’s sentence.” Defendant did not seek, nor was he granted, a certificate of probable cause. (Pen. Code, § 1237.5.) 1

The ultimate issue raised on appeal relates to the trial court’s authority to impose an upper term sentence in light of Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ],

This argument is not cognizable on appeal because defendant did not obtain a certificate of probable cause. “ ‘[A] challenge to a negotiated sentence imposed as part of a plea bargain is properly…

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