Sentencing Error Appeal After a Plea In California
Relying on People v. Panizzon (1996) 13 Cal. 4th 68, 913 P.2d 1061, the People argue that the appeal must be dismissed because review of alleged sentencing error after a plea requires a certificate of probable cause to appeal.
In Pannizon, our Supreme Court held "a constitutional challenge to a negotiated sentence imposed as part of a plea bargain is properly viewed as a challenge to the validity of the plea itself" and requires a certificate of probable cause to appeal. (Id., at p. 79; accord, People v. Young (2000) 77 Cal. App. 4th 827, 832 a challenge to the constitutionality of the maximum sentence also requires a certificate.)