PEOPLE v. SHELTON

No. S124503.

37 Cal.Rptr.3d 354 (2006)

37 Cal.4th 759

125 P.3d 290

The PEOPLE, Plaintiff and Respondent, v. Jonathan Joseph SHELTON, Defendant and Appellant.

Supreme Court of California.

January 5, 2006.


Attorney(s) appearing for the Case

Deborah Prucha, under appointment by the Supreme Court, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Madeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez, Janet E. Neeley, Stephen G. Herndon, Maggy Krell and Rachelle A. Newcomb, Deputy Attorneys General, for Plaintiff and Respondent.


KENNARD, J.

In this case we granted review on two issues concerning a negotiated plea agreement that includes a sentence "lid" constraining the maximum sentence that the trial court may impose: (1) Must the defendant obtain a certificate of probable cause to challenge on appeal the trial court's legal authority to impose the maximum or "lid" sentence? (2) Is a challenge that is based on the multiple punishment prohibition of Penal Code section 654 barred by rule 4...

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