37 Cal.App.5th 602
Cal. Ct. App.2019Background
- Christopher Williams pleaded no contest to two robbery felonies and admitted a strike; as part of a plea deal he received a stipulated sentence.
- At sentencing (May 2018) Williams received 30 years and 4 months, including a five-year prior serious felony enhancement under Penal Code § 667(a)(1).
- Williams filed a notice of appeal on May 31, 2018 but did not obtain a certificate of probable cause.
- SB 1393 (effective Jan. 1, 2019) amended Penal Code § 1385 to permit courts discretion to strike or dismiss § 667(a)(1) enhancements; the parties agree the change applies retroactively.
- Courts of Appeal are split whether defendants who accepted negotiated plea bargains must obtain a certificate of probable cause before seeking remand for resentencing under SB 1393; this court follows cases requiring the certificate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant who entered a negotiated plea must obtain a certificate of probable cause to appeal for resentencing under SB 1393 | The People: a certificate is required when a defendant effectively challenges the validity of a negotiated plea by seeking retroactive application of SB 1393 | Williams: SB 1393 applies retroactively and a certificate is not required because he is not attacking the plea’s validity; he filed his appeal before SB 1393 passed | The court held a certificate of probable cause is required and dismissed the appeal for failure to obtain one |
Key Cases Cited
- In re Estrada, 63 Cal.2d 740 (1965) (retroactivity principle for ameliorative criminal statutes)
- Doe v. Harris, 57 Cal.4th 64 (2013) (statutory text controls retroactive application where Legislature so indicates)
- Harris v. Superior Court, 1 Cal.5th 984 (2016) (Proposition 47 expressly applied to pleas and trials)
- People v. Panizzon, 13 Cal.4th 68 (1996) (certificate of probable cause required when appeal challenges plea validity)
- People v. Johnson, 47 Cal.4th 668 (2009) (cases addressing plea validity review)
- People v. Shelton, 37 Cal.4th 759 (2006) (plea-related appeal principles)
- People v. Buttram, 30 Cal.4th 773 (2003) (plea and sentencing challenge precedents)
- People v. Galindo, 35 Cal.App.5th 658 (2019) (requiring certificate for SB 1393 remand requests from negotiated pleas)
- People v. Kelly, 32 Cal.App.5th 1013 (2019) (same)
- People v. Fox, 34 Cal.App.5th 1124 (2019) (requiring certificate for SB 620 retroactive relief)