P. v. Mercado
Defendant guilty to one count of possession of a controlled substance in violation of Health and Safety Code section 11377 and two misdemeanor violations and admitted that he had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). In exchange for his plea, appellant was sentenced to the upper term of three years on the possession conviction, plus two one-year enhancements pursuant to section 667.5. Execution of sentence was suspended and appellant was placed on probation for a period of three years. He was subsequently found to have violated the terms of his probation. The trial court imposed the original sentence.
Appellant appeals from the judgment of conviction, contending that the imposition of the upper term violates his federal constitutional rights as set forth in Cunningham v. California (2007) U.S., and further contending that the trial court erred in failing to award him presentence credit. Appellant did not obtain a certificate of probable cause from the trial court. Court dismiss the appeal.
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