Can Pimentel obtain a certificate of probable cause to challenge his claim that he received an unauthorized sentence?

"[T]he 'unauthorized sentence' concept constitutes a narrow exception to the general requirement that only those claims properly raised and preserved by the parties are reviewable on appeal. [Citations.]" (People v. Scott (1994) 9 Cal.4th 331, 354.) "[A] sentence is generally 'unauthorized' where it could not lawfully be imposed under any circumstance in the particular case." (Ibid.) "Because these sentences 'could not lawfully be imposed under any circumstance in the particular case' [citation], they are reviewable 'regardless of whether an objection or argument was raised in the trial and/or reviewing court.' [Citation.]" (People v. Smith (2001) 24 Cal.4th 849, 852.)

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Pimentel relies on his claim of an unauthorized sentence in support of a further argument that the matter should be remanded so he can withdraw his plea agreement and start the process over. "[A] challenge to a negotiated sentence imposed as part of a plea bargain is properly viewed as a challenge to the validity of the plea itself," and thus requires a certificate of probable cause. (People v. Panizzon (1996) 13 Cal.4th 68, 79; People v. Shelton (2006) 37 Cal.4th 759, 766.)

Pimentel requested and obtained a certificate of probable cause, but that request was limited to the denial of his pre-plea Marsden motions and not based on the imposition of an unauthorized sentence or withdrawal of his plea agreement. Nevertheless, a defendant's statement in support of his request for a certificate of probable cause "need not list every potential issue; if the trial court issues the certificate based on even a single nonfrivolous claim, the defendant may raise all of his or her claims on appeal - those that require a certificate as well as those that do not - even if they were not identified in the statement filed with the trial court. [Citation.]" (People v. Johnson (2009) 47 Cal.4th 668, 676.)

Pimentel has not forfeited appellate review of this issue since he obtained a certificate of probable cause.