P. v. Arriaga
On March 22, 2005, defendant Robert Arriaga pled no contest in case No. BF109713A to assault with a firearm (Pen. Code, 245, subd. (a)(2))[1]and attempting to dissuade the victim from reporting the crime ( 136.1, subd. (b)(2)) in exchange for a maximum sentence of six years. The same day, Arriaga pled no contest in case No. BF109714B to voluntary manslaughter ( 192, subd. (a)) in exchange for a maximum sentence of 11 years. Both cases involved separate criminal acts taking place on different occasions. In conclusion, Arriaga is precluded from challenging his sentence on appeal because he failed to obtain a certificate of probable cause. Alternatively, the sentence imposed is within the maximum specified under the plea agreement and was stipulated to by Arriaga. The sentence does not violate Blakely or Cunningham.
Court direct the trial court to modify the abstract of judgment to impose a total of three $20 fees (for a total of $60) under section 1465.8 upon Arriaga. As so modified, the judgment is affirmed.
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