P. v. Prado
Jose Angelo Prado entered a plea of no contest to charges that he had willfully inflicted corporal injury on the mother of his children, in violation of Penal Code section 273.5, and had a prior conviction for spousal battery ( 243, subd. (e)(1)). His plea also constituted a violation of his probation in Madera County Superior Court case No. MCR014615, a 2003 conviction for violation of section 273.5, subdivision (a). The trial court sentenced Prado to an aggravated term of four years, with a concurrent term for the violation of probation. Prado asserts his sentence violates his Sixth Amendment right to a jury trial as explained in Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856]. The People argue the appeal must be dismissed because Prado did not obtain a certificate of probable cause from the trial court. Court conclude Prado was required to obtain a certificate of probable cause before pursuing this appeal. His failure to do so requires dismissal of this appeal.
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