People v. Galindo

Galindo pled no contest to mayhem and admitted two prior serious felony conviction allegations pursuant to a plea bargain. The court of appeal upheld his 19-year prison sentence, rejecting Galindo’s claim that his case must be remanded for resentencing under Senate Bill No. 1393, which allows trial courts to decide whether to strike or dismiss prior serious felony convictions, a discretionary authority they lacked when he was sentenced. The court noted a split of authority among the courts of appeal as to whether a defendant sentenced pursuant to a stipulated sentence prior to the passage of Senate Bill 1393 must obtain a certificate of probable cause before seeking a remand for resentencing under the new law. Where the parties have agreed to a specific sentence as part of a negotiated plea, a defendant must obtain a certificate of probable cause to pursue an appeal challenging his sentence under Senate Bill 1393 because the appeal is, in substance, an attack on the validity of the plea. View "People v. Galindo" on Justia Law