P. v. McNelly
On appeal, without a certificate of probable cause, defendant contends that the trial courts dismissal of the strike allegation was ineffective, and resulted in an unauthorized sentence because the court did not state its reasons for the dismissal on the record. Because the striking of the strike was a material component of the plea bargain, defendant requests that we remand the case to allow the trial court to either state sufficient reasons for striking the strike or allow him to withdraw his plea. As will be explained more fully below, defendants appellate challenge is, in substance, an attack on the validity of his plea. Accordingly, his appeal must be dismissed for lack of a certificate of probable cause.
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