P. v. Sanchez-Herrera CA1/2
Defendant Roberto Sanchez-Herrera appeals from the sentence imposed on him after he pleaded no contest to a violation of Health and Safety Code section 11358, subdivision (d) for marijuana cultivation with environmental violations as part of a negotiated disposition of his case. Defendant contends the $8,000 environmental penalty that the court imposed, which was within the range of the penalty he agreed the court could impose, violates the ex post facto clauses of the federal and state Constitutions. (U.S. Const., art. I, § 9; Cal. Const., art. I, § 9.) We conclude defendant’s appeal must be dismissed because he did not obtain a certificate of probable cause under Penal Code section 1237.5, which is a prerequisite to his appeal because he challenges an integral part of the plea agreement.
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