P. v. Puente
Pursuant to a plea bargain, defendant pled guilty to one count of burglary. (Pen. Code, 459.)[1] Defendant admitted suffering a prior strike conviction. ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The court sentenced defendant to state prison for a term of six years, but stayed execution of the sentence pursuant to a Vargas waiver,[2]which will be explained post. Defendant failed to appear for sentencing. On June 8, 2007, the court executed the six-year sentence. Defendant contends (1) the court erred by not granting him the custody credits negotiated as part of his plea bargain; and (2) the trial court violated defendants rights to due process by (a) not notifying defendant that he allegedly violated the terms of the Vargas waiver, and (b) not specifying a reason why defendant was found in violation of the Vargas waiver. Defendant did not obtain a certificate of probable cause. ( 1237.5; Cal. Rules of Court, rule 8.304(b).) As to defendants first contention, we affirm the judgment. As to defendants second contention, we dismiss for failure to obtain a certificate of probable cause. As to the portion of defendants appeal related to custody credits, the judgment is affirmed.
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