Bobbit
People v. Bobbit
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…