P. v. McBean CA3
Defendant Paul Emanual McBean entered pleas as part of a global plea agreement in case Nos. 15F03813 (hereafter 3813), 15F03883 (3883), and 15F06206 (6206), in exchange for a stipulated state prison sentence of seven years four months, which the trial court imposed. Defendant only filed a notice of appeal in case No. 3813, but his appellate counsel sought and obtained an order from this court construing the notice of appeal to include case Nos. 3883 and 6206.
Defendant contends the trial court imposed an unauthorized sentence in case No. 6206 by imposing one-third the midterm of three years, or one year doubled, rather than one-third the midterm of two years, or eight months doubled. Although the Attorney General agrees, the contention is not cognizable on appeal because defendant challenges a sentence that was part of the global plea agreement without obtaining a certificate of probable cause. (Pen. Code, § 1237.5.)
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