People v. Noor CA3

California Court of Appeal Jun 14, 2016 No. C079587Unpublished

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Holding. The court dismissed the defendant's appeal because he failed to obtain a certificate of probable cause to challenge a sentence imposed as part of a negotiated plea agreement. Furthermore, the court held that the defendant would be estopped from challenging the sentence as unauthorized because he had agreed to the state prison term as part of his plea bargain.

Issues

Whether a defendant may challenge a negotiated state prison sentence as unauthorized under Penal Code section 1170, subdivision (h) without a certificate of probable cause.
Whether a defendant is estopped from challenging a negotiated sentence that deviates from statutory sentencing mandates.

Disposition. dismissed

Quotations verified verbatim against the opinion

“Defendant’s claim requires a certificate of probable cause. He did not obtain one. Thus, his contention challenging a sentence that was part of the plea agreement is not cognizable on appeal.”

“Defendant accepted and agreed to a nine-year state prison sentence contrary to the county jail mandate of section 1170, subdivision (h). He would therefore be estopped from challenging any part of his sentence as unauthorized”

Filed 6/14/16 P. v. Noor CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C079587

Plaintiff and Respondent, (Super. Ct. Nos. 62123396, 62124257D) v.

MOHAMMAD USOF NOOR,

Defendant and Appellant.

Defendant Mohammad Usof Noor was sentenced to nine years in state prison pursuant to a plea agreement involving two separate cases. On appeal, he challenges the trial court’s order remanding him to state prison rather than county jail pursuant to Penal Code1 section 1170, subdivision (h). We will dismiss the appeal.

1 Undesignated statutory references are to the Penal Code.

PROCEDURAL HISTORY A detailed recitation of the facts is unnecessary to the resolution of this appeal. Case No. 62123396 On December 18, 2013, defendant was charged with felony possession for sale of heroin, a controlled substance and felony transportation for sale of heroin, a controlled substance. Case No. 62124257 On December 19, 2013, defendant was charged with felony conspiracy to dissuade a witness, felony conspiracy to dissuade a witness by use of force or threat of force, and felony street terrorism. The information alleged defendant committed counts one and two for the benefit of, at the direction of, or in association with a criminal street gang, and was released on bail during commission of all three counts. On April 13, 2015, defendant pled no contest in case No. 62124257 to a newly added charge of inducing false testimony and admitted the gang and on-bail enhancements, and pled no contest in case No. 62123396 to possession for sale of heroin (count one), in exchange for dismissal of all remaining charges and allegations in both cases and a stipulated aggregate sentence of nine years in state prison. Defendant stipulated to the following factual basis for his plea: On or about July 11, 2013, and August 14, 2013, in case No. 62124257, defendant “used fraud against” the victim, D. S., intending to cause D. S. to give false testimony or withhold testimony in a judicial hearing. Defendant committed the crimes for the benefit of or in association with the Norteño criminal street gang and with the intent to assist, further, or promote criminal conduct by the Norteño criminal street gang. At the time of the commission of the crimes, defendant was either released on bail or his own recognizance in case No. 62123396 in which, on July 11, 2013, he possessed for sale a usable amount of heroin, a controlled substance.

People v. Noor CA3

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THE PEOPLE, C079587

MOHAMMAD USOF NOOR,

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