California, United States of America
The following excerpt is from People v. Kessler, C079257 (Cal. App. 2016):
First and foremost, because defendant did not secure a certificate of probable cause, to the extent that he argues ineffective assistance of counsel led him to enter a felony plea instead of a plea to a misdemeanor and thus erroneously receive a (negotiated) felony sentence, his claim is barred. (See People v. Cuevas (2008) 44 Cal.4th 374, 381, 382 [where defendant does not directly challenge the plea but challenges "the very sentence he negotiated as part of the plea bargain," he attacks the validity of his plea].) However, because we cannot be sure of the exact nature of defendant's claims, we nevertheless address them briefly.
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