California Court of Appeal

Conviction for burglary and sentence of six years is affirmed over claims of error that the court erred by not granting defendant the custody credits negotiated as part of his plea bargain. Defendant's claims that the trial court violated his rights to due process by (1) not notifying defendant that he allegedly violated the terms of a Vargas waiver, and (2) not specifying a reason why defendant was found in violation of the Vargas waiver, are dismissed because defendant failed to obtain a certificate of probable cause.

Appellate Information

• Decided 08/08/2008
• Published 08/08/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edward J. Haggerty, Rowland Heights, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Andrew Mestman and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.