P. v. Woods
Defendant and appellant Kenneth Levar Woods entered into a plea agreement in which he pled guilty to one count of unlawful sexual intercourse with a minor. (Pen. Code, 261.5, subd. (d).)[1] Pursuant to the plea agreement, defendant was sentenced to the upper term of four years, and was released on a Cruz[2]waiver with four years of probation. The trial court later found that defendant violated his probation by committing spousal battery. ( 273.5.) The court revoked defendants probation and imposed the four-year prison term. Defendants sole contention on appeal is that the court erred in imposing the upper term, pursuant to Cunningham v. California (2007) U.S. [127 S.Ct. 856] (Cunningham). Court dismiss defendants claim because he failed to obtain a certificate of probable cause from the trial court.
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