People v. West CA1/3

Filed 5/1/25 P. v. West CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A172939

v. (Shasta County SCOTT ALLAN WEST, JR., Super. Ct. No. 24F2680) Defendant and Appellant.

Defendant Scott Allan West, Jr., appeals from a judgment entered on his plea of no contest. As part of that plea agreement, West executed a so- called Cruz waiver,1 pursuant to which he was released from custody in exchange for his promise to, among other things, cooperate with probation and appear at sentencing. After West violated this Cruz waiver, the trial court revoked probation and sentenced him to five years in prison. His counsel asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) West did not exercise his right to file a supplemental

1 People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5 [absent a valid

waiver, a court may not reject the plea bargain of a defendant who has pleaded guilty and failed to appear for sentencing, then impose a higher sentence without first giving the defendant the opportunity to withdraw the plea].)

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brief. We conclude West’s appeal must be dismissed because he did not obtain a certificate of probable cause. FACTUAL AND PROCEDURAL BACKGROUND West was charged by felony complaint with second degree robbery. (Pen. Code,2 § 211.) The complaint also alleged the offense was a serious or violent felony within the meaning of sections 667.5, subdivision (c), and 1192.7, subdivision (c). West initially pleaded not guilty to the charge. However, he subsequently withdrew this plea and entered a plea of no contest to the charge.3 At that same time, West executed a Cruz waiver as part of his plea deal. West thereby agreed that in exchange for remaining out of custody pending sentencing, he would “[m]ake and keep an appointment with Probation regarding my pre-sentencing investigation report,” “[a]ppear in court for sentencing or any other date set by the court,” and “[n]ot violate any law . . . between today and the date of sentencing.” West stipulated to a five- year prison term—the maximum for his robbery offense—if he violated the Cruz waiver. Prior to taking West’s plea, the court confirmed West was able to consult with his attorney and have any questions answered regarding the plea and the Cruz waiver. The court also confirmed the scope of the plea and informed West, “[I]f you violate any term of the Cruz waiver, I would honor that separate agreement you made with the People and that is to sentence you to a five year stipulated state prison term.” (Italics added.) West