P. v. Ripley CA5
Defendant James Francis Ripley pled guilty to conspiracy to bring controlled substances into a correctional facility. (Pen. Code, §§ 182, subd. (a)(1); 4573, subd. (a).) On appeal, defendant contends the trial court did not honor the terms of his plea agreement by failing to impose a county jail sentence concurrent to his existing state prison sentence. The People contend defendant’s appeal is barred because defendant did not obtain a certificate of probable cause pursuant to section 1237.5. We conclude defendant was not required to obtain a certificate of probable cause because his appeal does not attack the validity of his plea. We also agree the trial court did not honor the terms of the plea agreement, and remand for resentencing in accordance with this opinion.
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