P. v. Finamore
Timothy Lewis Finamore entered negotiated guilty pleas to burglary (Pen. Code, 459), grand theft of an automobile ( 487, subd. (d)(1)), unlawful taking or driving a vehicle (Veh. Code, 10851, subd. (a)), attempted unlawful taking or driving a vehicle ( 664/Veh. Code, 10851, subd. (a)), driving under the influence of drugs (Veh. Code, 23152, subd. (a)), unauthorized entry of a residence ( 602.5, subd. (a)), tampering with a vehicle (Veh. Code, 10852), and being under the influence of a controlled substance (Health & Saf. Code, 11550, subd. (a)). Finamore also admitted a prior strike conviction allegation ( 667, subds. (b)-(i)). As a condition of the plea, Finamore entered a waiver of his right to appeal issues related to his prior strike conviction and a Blakely (Blakely v. Washington (2004) 542 U.S. 296) waiver. The trial court rejected Finamore's request to dismiss the prior strike conviction allegation, and sentenced Finamore to three years four months in prison. The record on appeal does not contain a certificate of probable cause ( 1237.5). The judgment is affirmed.
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