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Name: People v. Bobbit
Case #: C049287
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/07/2006

A plea agreement did not preserve the issue of whether the court had authority to impose an upper term sentence. The defendant pled no contest to two charges and admitted one strike prior as part of a plea agreement, an agreement which included a sentencing lid of twelve years. The court sentenced appellant to twelve years, and the defendant appealed without seeking a certificate of probable cause. On appeal, the defendant raised a Blakely challenge to the court’s selection of the upper term, but the Third District dismissed the appeal under People v. Shelton (2006) 37 Cal.4th 759. The plea agreement in this case did not preserve the defendant’s ability to challenge the court’s authority to impose the upper term.