P. v. Shary CA2/4
Jeffrey George Shary entered a plea of no contest to one count of driving or taking a vehicle without consent. (Veh. Code, § 10851, subd. (a).) He admitted one prior strike and was sentenced to a term of 2 years 8 months. On appeal, he asks us to reduce his sentence under Proposition 47 (Pen. Code, § 1170.18), which reduced certain theft-related and drug-related felonies to misdemeanors. Appellant’s appeal must be dismissed for two reasons. First, there is nothing in the record indicating that appellant filed a Proposition 47 petition in the superior court. Second, appellant did not obtain a certificate of probable cause under section 1237.5, which is a prerequisite to an appeal following a guilty or no contest plea. We therefore dismiss the appeal.
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