P. v. Floyd
Defendant entered a negotiated plea to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)) and driving when her driving privilege was suspended or revoked. (Veh. Code, 14601.2, subd. (a).) She admitted a prior 2003 conviction of Vehicle Code section 14601. Her plea was in exchange for the dismissal of a charge of transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a)), a charge of flight from a peace officer (Veh. Code, 2800.1, subd. (a)), and two enhancement allegations of a prior prison term attached to the methamphetamine charges. (Pen. Code, 667.5, subd. (b).) The trial court sentenced defendant to the upper term of three years in state prison for her possession of methamphetamine conviction and imposed a 30-day concurrent sentence for her driving on a suspended license conviction. Defendant did not seek, nor was she granted, a certificate of probable cause.
Defendants sole contention on appeal is that the trial court erred in imposing the upper term sentence in light of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). Defendant did not file any supplemental brief in response to our order allowing such briefing regarding Cunningham v. California (2007) 549 U.S [166 L.Ed.2d 856] (Cunningham).
Court reject defendants contention of Blakely/Cunningham error because her plea agreement did not preserve for sentencing and appeal the Blakely/Cunningham issue and defendant failed to obtain a certificate of probable cause. Even if Court were able to reach the issue, Court would conclude defendants claim is meritless. Court dismiss the appeal.
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