California, United States of America
The following excerpt is from People v. Garnica, F077720 (Cal. App. 2019):
5. As we view the record, Garnica did not agree to a "lid sentence" in which the trial court had discretion to enter a sentence of less than 11 years. (See People v. Buttram (2003) 30 Cal.4th 773, 776, 783-785 [no certificate of probable cause necessary where defendant agrees to a maximum or lid sentence and trial court still has discretion to impose a sentence less than the lid].) Garnica agreed to a total sentence of nine years in the first case, including a five-year sentence for the prior serious felony conviction enhancement, plus a consecutive two-year sentence for possession of a weapon in jail. This was a stipulated sentence. Defendants are estopped from complaining about a sentence when they agree to plead guilty to a specified sentence, as occurred here. Defendants who receive the benefit of their bargain are not allowed to trifle with the courts. (People v. Hester (2000) 22 Cal.4th 290, 295.) Because Garnica failed to obtain a certificate of probable cause, he has no basis upon which to challenge the sentence the trial court imposed.
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