People v. Buttram

115 Cal.Rptr.2d 59 (2001) 94 Cal.App.4th 1249 The PEOPLE, Plaintiff and Respondent,

v.

Randy Loyd BUTTRAM, Defendant and Appellant.

No. G028162. Court of Appeal, Fourth District, Division Three.

December 31, 2001. Review Granted March 13, 2002. Amanda F. Doerrer, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Laura Whitcomb Halgren and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.

[60] OPINION

RYLAARSDAM, J.

Defendant Randy Loyd Buttram appeals from the judgment sending him to prison for six years after he pleaded guilty to possessing heroin and methamphetamine in exchange for a promise his sentence would not exceed six-years. He failed to obtain a certificate of probable cause from the trial court. He contends the court abused its discretion by refusing to initiate proceedings to commit him to the California Rehabilitation Center (CRC) under Welfare and Institutions Code section 3051.

We invited supplemental briefing as to whether the appeal is properly brought under an exception to the certificate of probable cause requirement. We conclude such a certificate was required and dismiss the appeal.

Defendant had several prior felony convictions and agreed to plead guilty in exchange for a promise by the court that he would not be sentenced to more than six years in prison. On the plea form, the six-year term was referred to as a "lid." In the colloquy with the court, it was referred to as a "maximum six year state prison term." To eliminate any possible confusion, the court emphasized at that time that there was no assurance he would get anything less than that term. At sentencing, defendant moved to initiate civil commitment proceedings to CRC under Welfare and Institutions Code section 3051. The court denied the motion and imposed the six-year prison sentence.

Under Penal Code section 1237.5, a defendant who pleads guilty must obtain a certificate of probable cause before appealing that judgment unless the grounds for the appeal are those "occurring after entry of the plea which do not challenge its validity or [] involving a search or seizure . ..." (Cal. Rules of Court, rule 31(d).) Here, the amended notice of appeal indicates the appeal is purportedly brought under this exception. Relying on People v. Cole (2001) 88 Cal.App.4th 850, 106 Cal. Rptr.2d 174, defendant argues his appeal fits the exception because the court retained discretionary sentencing authority under the terms of the plea, and he is simply challenging the exercise of that authority, not the validity of the plea. The Attorney General contends a certificate of probable cause was required because defendant was not sentenced to more than the specified six years. We agree.