P. v. Larson
Defendant pled guilty to two counts of lewd acts against a child. (Pen. Code, 288, subd. (a).) On appeal, he contends the trial court abused its discretion in sentencing him to the maximum lid of eight years in state prison. The People assert the appeal should be dismissed because defendant waived his appeal rights as part of the plea agreement and because he failed to obtain a certificate of probable cause. Court conclude defendant did not waive his right to appeal from the trial courts exercise of its sentencing discretion, and that he was not required to obtain a certificate of probable cause. Nonetheless, Court conclude the trial court did not abuse its discretion in sentencing defendant and, therefore, affirm the judgment below.
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