P. v. Thomas
Defendant Ramile Lajon Thomas appeals from a judgment entered after he pled no contest to one count of sodomy by use of force (Pen. Code, 286, subd. (c)(2))[1]and admitted to inflicting great bodily injury in the commission of the offense. ( 12022.8.) The trial court found defendant was a minor who at the time of commission of the offense was at least 14 years of age and prior to the commission of offense had been found to be a person described in Welfare and Institutions Code section 602 for the commission of an offense listed in Welfare and Institutions Code section 707, subdivision (D). The trial court denied probation and sentenced defendant to state prison for a total of 11 years pursuant to the plea agreement.On appeal, defendant contends that (1) the statutory scheme created by Proposition 21 and Welfare and Institutions Code section 707 violates the equal protection clause of the federal and state Constitutions; and (2) his plea was not free, voluntary, and informed. We dismiss the appeal because defendant was required to, but did not, obtain a certificate of probable cause.
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