P. v. Muse
Under a plea agreement, defendant Jonas Hamby Muse received a stipulated five-year state prison term, which included the three-year upper term for receiving stolen property (Pen. Code, 496, subd. (a))[1] and two years consecutive for prior prison terms ( 667.5, subd. (b)). Defendant did not obtain a certificate of probable cause. ( 1237.5.) Defendant contends one prior prison term enhancement must be stricken as a matter of law because he served only one prison term for both convictions. This claim attacks the trial courts authority to impose the agreed-upon sentence. Since such claims cannot be raised on appeal without a certificate of probable cause, we shall dismiss the appeal. (People v. Cuevas (2008) 44 Cal.4th 374, 376-377 (Cuevas); People v.Shelton (2006) 37 Cal.4th 759, 763, 769 (Shelton).)
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