P.

P. v. Perez CA5

Good Law
Court of Appeal of CaliforniaApril 17, 2013F064389California181 words

Opinion

FACTS

The report of the probation officer states that among the items found during a parole search of appellant’s residence on August 10, 2011, were 15 individual packages of methamphetamine, weighing a total of 7.24 grams, 65 oxycodone pills, a digital scale, $954 in cash, and a cellular phone “containing conversations related to the sales of narcotics.”

DISCUSSION

Appellant contends the court erred in failing to advise him, prior to taking his plea, that because he had suffered a strike, his ability to earn in-prison conduct credits would be limited to 20 percent of his total term of imprisonment (Pen. Code, §§ 667, subd. (c)(5), 1170.12, subd. (a)(5)). However, because this argument is, in effect, a challenge to the validity of appellant’s plea, and appellant did not obtain a certificate of probable cause, he may not raise this on appeal. (People v. Mendez (1999) 19 Cal.4th 1084, 1098- 1099; People v. Panizzon (1996) 13 Cal.4th 68, 74-75.) Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.

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