P. v. Leyva CA5
Appellant Mark William Leyva appeals from an open plea of guilty. His plea included a waiver of his right to appeal from the trial court’s sentence. Following sentencing, defense counsel filed a notice of appeal on Leyva’s behalf, but did not apply for a certificate of probable cause. On appeal, Leyva contends the trial court abused its discretion in denying him probation, and the court punished him three times for a single act in violation of Penal Code section 654. If these issues are held waived, he submits defense counsel rendered ineffective assistance of counsel by failing to object to the appellate rights waiver and by failing to seek a certificate of probable cause. We will order his sentence on count 4 stayed. In all other respects, we affirm the judgment.
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