P. v. Moore
On March 23, 2007, defendant and appellant Bobby Lewis Moore pleaded guilty to leaving the scene of an accident that caused injury to another person under Vehicle Code section 20001, subdivision (a), under the terms of a negotiated plea agreement. The plea agreement included a stipulated sentence of three years in state prison, to run concurrent to two other felony sentences. It also included a Cunningham waiver of defendants right to have the jury find circumstances in aggravation to support the upper term. (Cunningham v. California (2007) 549 U.S. 270.) Moreover, under the terms of the plea agreement, an allegation that defendant committed the offense while on probation was to be dismissed.
On August 20, 2007, defendant personally filed a timely notice of appeal challenging the sentence and the validity of the plea in the current case only. His notice of appeal, however, did not designate the probation revocation cases in which he was sentenced to state prison concurrently. In his request for certificate of probable cause, defendant alleged that he was denied effective assistance of counsel and due process because his rights and acknowledgements [sic] were not waive[d] or read to [him] per [R]ules of [C]ourt. On August 24, 2007, the trial court issued a certificate of probable cause.
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