People v. Becerra

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In 2016, Defendant pleaded no contest to driving or taking a vehicle without the owner’s consent (Veh. Code, 10851(a)) and admitted having a prior conviction for the same offense (Penal Code, 666.5(a)). The trial court sentenced Defendant to jail, suspended execution, and placed him on mandatory supervision. In 2018, Defendant again pleaded no contest to driving or taking a vehicle without the owner’s consent and misdemeanor resisting an officer and admitted that he had a prior conviction for the same offense and had served a prior term (Penal Code 667.5(b)). Defendant was found in violation of his mandatory supervision in the earlier case. At a combined sentencing hearing, the trial court revoked and terminated mandatory supervision in the earlier case. In the 2018 case, the court sentenced Defendant to two years in jail and three years on mandatory supervision and granted 72 days of custody credits. The court of appeal dismissed an appeal. Defendant’s claim that the trial court should have awarded 164 days of custody credits is not reviewable on appeal because it falls within the scope of his appellate waiver in his written plea agreement; he failed to obtain a certificate of probable cause to challenge the enforceability of the waiver. View "People v. Becerra" on Justia Law