P. v. Hampton

Filed 5/8/06 P. v. Hampton CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Marsha Slough, Judge. Appeal dismissed.

David L. Polsky, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Scott C. Taylor, Supervising Deputy Attorney General, and Teresa Torreblanca, Deputy Attorney General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Enos Jonathan Hampton contends on appeal that the trial court erred in failing to hold a hearing to determine the amount of victim restitution. The People contend that defendant waived his right to appeal and the appeal must be dismissed because he failed to obtain a certificate of probable cause. We conclude that defendant's failure to obtain a certificate of probable cause requires that the appeal be dismissed.

II. FACTS AND PROCEDURAL BACKGROUND

On May 30, 2002, defendant entered a plea of no contest to one count of welfare fraud in excess of $400.^[1] (Welfare & Inst. Code, § 10980, subd. (c)(2).)

Under the terms of the plea agreement, defendant was to receive five years of probation, serve 180 days in county jail on weekends, and pay $16,645 in victim restitution. Defendant initialed the box on the change of plea form that provided that if he violated any conditions of his release, then the court would no longer be bound by the plea bargain, and defendant would not have a right to withdraw his plea. He also initialed a paragraph on the form that stated, â€