Can a defendant challenge the sentence imposed by the trial court on a no contest plea?

California, United States of America


The following excerpt is from People v. Sembrano, C054156 (Cal. App. 8/28/2007), C054156 (Cal. App. 2007):

Since the sentence imposed by the trial court was authorized by the plea agreement, defendant's challenge to the sentence is an attack on the plea itself. Consequently, it is not cognizable on appeal because defendant did not obtain a certificate of probable cause. (Pen. Code, 1237.5 [an appeal may not be taken from a no contest plea unless the defendant has filed in the trial court a written statement under penalty of perjury showing reasonable grounds going to the legality of the proceeding, and the court has executed and filed with the clerk of the court a certificate of probable cause for the appeal]; People v. Panizzon (1996) 13 Cal.4th 68, 74-75, 79.)

In any event, the contention fails on the merits. Since a prison term was authorized by defendant's plea because he did not appear as required by the parties' agreement, the sentence imposed by the trial court did not exceed the plea agreement, and it was of "no consequence" that the court did not advise defendant of the provisions of Penal Code section 1192.5. (People v. Masloski (2001) 25 Cal.4th 1212, 1223.)

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