California Court of Appeal

Conviction based on no contest plea to multiple counts of robbery and kidnapping, and single counts of attempted robbery and grand theft, and admission of being armed with firearm during commission of crimes is affirmed, however, sentence of nearly 36 years is vacated where aggregate sentence imposed by the trial court violates Penal Code section 654. Rule in Shelton that defendant must get a certificate of probable cause before raising section 654 challenge does not apply when parties have not agreed to a maximum sentence and the challenge does not affect the validity of the plea.

Appellate Information

• Decided 09/12/2006
• Published 09/12/2006

Judges

• COFFEE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Roberta Simon, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, Lawrence M. Daniels, Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.