Barton

*1090 This case recalls the proverb, "You can't have your cake and eat it too." The question presented: Where a defendant negotiates a plea for a *1091 stipulated sentence and waives the right to appeal the sentence, may the defendant take advantage of a favorable sentencing law enacted thereafter (which may otherwise apply retroactively under ordinary circumstances)? We think not. In reaching this conclusion, we part company with our colleagues in Division One of the Fourth District Court of Appeal, who arrived at a different result in *491 People v. Wright (2019) 31 Cal.App.5th 749 , 242 Cal.Rptr.3d 837 .

Deanna Twilla Barton (defendant) pleaded guilty to furnishing methamphetamine ( Health & Saf. Code, § 11379, subd. (a) ) and maintaining a place for the sale of a controlled substance ( id ., § 11366). (Undesignated statutory references are to the Health and Safety Code.) For enhancement purposes, she admitted two prior convictions under section 11379. As part of her plea agreement, she waived her appeal rights. In return, additional charges were dismissed and she received a stipulated prison sentence of eight years eight months, which included a pair of three-year…