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Name: People v. Buttram
Case #: G028162
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/31/2001
Subsequent History: Rev. granted 3/13/02.

CRC issues requires Certificate of Probable Cause. Appellant was sentenced to prison for six years after pleading guilty to possession of drugs. On appeal he contended that the trial court abused its discretion by refusing to initiate CRC proceedings. Appellant did not obtain a certificate of probable cause. In response to the Court of Appeal’s inquiry concerning whether a certificate was required, appellant contended that a certificate was not needed to raise a CRC issue because the issue falls under the exception to California Rules of Court, rule 31(d), that the grounds for the appeal occurred “after entry of the plea which do not challenge its validity . . . .” The court here disagreed with the Second District Court of Appeal, Division 5 (in People v. Cole (2001) 88 Cal.App.4th 850), by holding that the exception under rule 31(d) cannot be used when the sentence imposed is one appellant agreed to as part of his plea bargain. Appellant’s contention in substance challenges the validity of the plea, for which a certificate is required. The appeal was dismissed.