California, United States of America
The following excerpt is from People v. Townsend, A152471 (Cal. App. 2018):
defendant obtains a certificate of probable cause, he will be precluded from raising issues which were waived by his guilty plea." (People v. Turner (1985) 171 Cal.App.3d 116, 125.) "[C]omplaints about an illegal commitment brought via . . . section 995 are waived by a guilty plea." (People v. Woodford (1986) 176 Cal.App.3d 944, 948.) Therefore, no cognizable issues relate to his guilt, or to his plea.
We also find no arguable issues as to his sentence, which was imposed in accordance with the terms of the plea bargain. The sentence was consistent with the statutory triad and authorized enhancements. "[A] challenge to a negotiated sentence imposed as part of a plea bargain is . . . a challenge to the validity of the plea itself." (People v. Panizzon (1996) 13 Cal.4th 68, 79.) To attack the sentence on appeal, a defendant in these circumstances must seek and obtain a probable cause certificate. (Ibid.) " 'When a guilty [or nolo contendere] plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement.' " (Id. at p. 80.)
The judgment is affirmed.
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/s/_________
BRUINIERS, J.
/s/_________
SIMONS, Acting P. J.
/s/_________
NEEDHAM, J.
Footnotes:
1. All statutory references are to the Penal Code.
2. People v. Wende (1979) 25 Cal.3d 436.
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