P. v. Bonner
Defendant Larry Wayne Bonner pled guilty to three felonies: evading a police officer (Veh. Code, 2800.2; count 1); leaving the scene of an accident (Veh. Code, 20001, subd. (a); count 2); and resisting a police officer by force or threat of violence (Pen. Code, 69; count 5). He also admitted having a prior strike conviction. (Pen. Code, 211, 667, subds. (b)-(i), 1170.12.) Finally, he agreed to waive any potential issue under Penal Code section 654 (section 654) as to counts 1 and 5. Defendant contends that the trial court erred by not staying sentence on count 2 under section 654. We requested supplemental briefing on whether defendant could raise this contention without having obtained a certificate of probable cause in light of the recent opinion of our Supreme Court in People v. Cuevas (2008) 44 Cal.4th 374 (Cuevas). Court now conclude that he may not do so. Therefore, court dismiss the appeal.
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