P. v. Williams
Defendant Robert N. Williams challenges the court's imposition of a negotiated aggregate prison sentence of five years four months following his guilty plea in the present case and the revocation of his probation in a prior case. In 2003, after Williams pleaded guilty in San Diego County Superior Court case No. SCD169274 (the drug case) to one felony count of selling a controlled substance, and after he admitted he had suffered a prior Three Strikes law conviction (or strike), the court sentenced him to five years in prison, but suspended execution of that sentence and placed him on formal probation. In mid-2005, during his probation, Williams was charged in the present caseSan Diego County Superior Court case No. SCD192215 (the attempted pimping case with two new offenses: pimping and soliciting an act of prostitution. The court revoked Williams's probation following an evidentiary hearing. In September of that year, the court lifted the stay of execution of the five year prison sentence imposed in the drug case, sentenced Williams to four years in state prison and remanded him to the custody of the sheriff pending conclusion of this attempted pimping case. Williams appealed the judgment (D047544). Court conclude that (1) the court had jurisdiction to recalculate Williams's sentence in the drug case following revocation of his probation, (2) the section 1170(d) 120 day time limit is inapplicable, and (3) Williams's claim that the court applied the wrong sentencing rules must be dismissed because his claim challenges the negotiated sentencing terms of his plea agreement in the attempted pimping case and he failed to obtain the requisite certificate of probable cause in the trial court.
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