People v. Bohannan CA3

Filed 12/17/25 P. v. Bohannan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C101657

Plaintiff and Respondent, (Super. Ct. Nos. 20F-0483, 21F-5936, 22F-1388, v. 22F-1394, 23F-0824, 23F-2657) KELLY LEE BOHANNAN,

Defendant and Appellant.

Defendant Kelly Lee Bohannan entered into a global plea agreement to resolve multiple cases related to the possession, sale, and transportation of controlled substances. As part of this plea, Bohannan agreed to admit two on-bail allegations pursuant to Penal Code section 12022.1, subdivision (b).1 On appeal, Bohannan contends that the trial court erred when it imposed one of the on-bail enhancements without first obtaining his admission to the allegation during the plea hearing. We conclude that this appeal is a challenge to the validity of the plea requiring a certificate of probable cause pursuant to section 1237.5. Bohannan having failed to obtain one, we dismiss the appeal.

1 Undesignated statutory references are to the Penal Code.

1

LEGAL AND FACTUAL BACKGROUND The facts underlying Bohannan’s conviction are not relevant to the resolution of this case and therefore will be omitted from the discussion. Suffice it to say, this case centers around a global plea agreement that resolved 13 different cases. To resolve his pending cases, Bohannan agreed to plead no contest to various controlled substance related charges in six cases in exchange for the dismissal of other charges and the remaining seven cases. As relevant for our purposes, the plea agreement also required Bohannan to admit two on-bail enhancements pursuant to section 12022.1, subdivision (b). The plea agreement also included a Cruz2 waiver whereby if he abided by the terms of his release pending sentencing, Bohannan would receive a term of 20 years in state prison. If he violated the terms of the agreement, Bohannan would receive an aggregate term of 36 years in state prison. Prior to entry of his pleas, Bohannan completed a felony plea form for each case that included the terms of the plea agreement. On the plea form for case No. 22F1388, Bohannan indicated with his initials that he was pleading no contest to two different counts under the Health and Safety Code and that he was admitting to the on-bail enhancement pursuant to Penal Code section 12022.1, subdivision (b), which, per the charging document, pertained to case No. 20F0939.3 However, during the plea colloquy for this case, the trial court obtained Bohannan’s oral plea of no contest to the substantive charges but there was no mention of the allegation he was out on bail in case