P. v. Hubbard CA3
Following a negotiated plea agreement, defendant Gina Elizabeth Hubbard was convicted of possessing methamphetamine and found in violation of a previously imposed probation. Pursuant to the terms of her plea agreement, defendant was sentenced to a split sentence of seven years eight months. On appeal, defendant contends the trial court erred in denying her motion to suppress evidence. She further contends her prior conviction for transporting methamphetamine was void and thus the sentence imposed in this matter is unlawful. She claims in the alternative that she received ineffective assistance of counsel because her trial counsel failed to challenge the prior conviction and erroneously advised her to admit violating her probation.
As to her search claim, we conclude there was no error. We conclude the remaining claims are not cognizable on appeal given defendant’s failure to obtain a certificate of probable cause; defendant’s redress, if any, is by a petition for writ of hab
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