Can a defendant appeal against his conviction under section 245 of the Criminal Code under section 1237.5 of the Code of Civil Procedure?

In substance defendant is challenging the validity of his convictions and therefore the validity his plea. (People v. Panizzon, supra, 13 Cal.4th at p. 76 [to determine whether 1237.5 applies, "the critical inquiry is whether a challenge to the sentence is in substance a challenge to the validity of the plea, thus rendering the appeal subject to the requirements of section 1237.5"].) Because the record contains no certificate of probable cause, defendant's convictions under both subdivision (a)(1) and (4) of section 245 cannot be raised on appeal.

As the parties agree in their supplemental briefing, the trial court erred in imposing an eight-year term on count one because the terms of the plea agreement specified a seven-year sentence lid. Although the sentence on count one was stayed pursuant to section 654, where a plea agreement is accepted and approved, "the defendant . . . cannot be sentenced on the plea to a punishment more severe than that specified in the plea." ( 1192.5; see also People v. Panizzon, supra, 13 Cal.4th at p. 80 [" 'When a guilty [or nolo contendere] plea is entered in exchange for specified benefits such as . . . an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement' "].) We will modify the judgment to comply with the plea agreement.