P. v. Johnson
Defendant pled no contest to conspiracy to commit first degree robbery and admitted personal use of a firearm within the meaning of Penal Code section 12022.53, subdivision (b). In exchange, the People agreed to a maximum sentencing exposure or “lid” of 16 years and to dismiss the remaining charges and enhancements. At the time of the plea, the trial court explained and defendant confirmed he understood that he was ineligible for probation as a result of his plea.
On appeal, defendant contends the trial court erred in determining he was absolutely ineligible for probation because no legal basis exists for such a proposition. Court concluded that a determination on the merits of defendant’s claim would be improper because he failed to obtain a certificate of probable cause. Accordingly, court dismissed the appeal.
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