P. v. Brundige
Franklynn Newton Brundige III appeals the judgment entered following his plea of no contest to two counts of lewd act with a child under the age of 14 years and two counts of continuous sexual abuse of a child. (Pen. Code, 288, subd. (a), 288.5, subd. (a).)[1] Pursuant to a plea bargain, the trial court sentenced Brundige to a term of 24 years in state prison and the People agreed to dismiss 14 remaining counts.
On appeal, Brundige contends one of the counts to which he pleaded no contest, count 19, was barred by the statute of limitations. Based thereon, Brundige concludes the trial court lacked authority to impose any prison term on count 19 and thus Brundige is entitled to a four year reduction of his sentence. Court conclude the appeal must be dismissed because Brundige failed to obtain a certificate of probable cause, which is a prerequisite to an attack on the validity of a plea. Even if this failure is overlooked, Brundige pleaded no contest to count 19 as part of a plea bargain and thus is estopped to assert any defense he might have raised with respect thereto.
Comments on P. v. Brundige