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The People v. Alejandro Maximino Sanchez

May 10, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ALEJANDRO MAXIMINO SANCHEZ, DEFENDANT AND APPELLANT.



(Super. Ct. No. NCR78349)

The opinion of the court was delivered by: Mauro , J.

P. v. Sanchez

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Alejandro Maximino Sanchez pleaded guilty to possession of methamphetamine while armed with a loaded firearm. He also admitted a prior strike conviction and a prior prison term. The trial court sentenced him to nine years in prison.

On appeal, defendant contends (1) the trial court abused its discretion in denying a further continuance of the sentencing hearing, thereby preventing defense counsel from determining the validity of the prior strike conviction defendant previously admitted; (2) defense counsel rendered ineffective assistance in failing to investigate the validity of the prior strike conviction before advising defendant to admit it; and (3) insufficient evidence supports the trial court's adjustment of custody credits to zero.

A month after filing his opening brief, defendant asked this court for leave to file an untimely request in the superior court for a certificate of probable cause. The People opposed the request and sought dismissal of defendant's contentions that the trial court abused its discretion in denying a further continuance, and that trial counsel was ineffective. This court denied defendant's request for leave and deferred ruling on the People's motion to dismiss.

We now deny the People's motion to dismiss. We conclude, however, that defendant's contentions that the trial court abused its discretion in denying a further continuance, and that trial counsel was ineffective, are both non-cognizable on appeal because defendant did not obtain a certificate of probable cause. We further conclude that sufficient evidence supports the trial court's adjustment of custody credits to zero.

We will affirm the judgment and order correction of errors in the abstract of judgment.

BACKGROUND

The parties stipulated to certain facts as the factual basis for the plea. Sheriff's deputies searched defendant's home on January 7, 2010, and discovered a .308 caliber pistol, .22 caliber rifle, compatible ammunition, glass smoking pipes, and 0.76 grams of methamphetamine. Defendant was previously convicted in 1998 of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)), and in 2008 he was convicted and sentenced to prison for possession for sale of a controlled substance (Health and Saf. Code, § 11378).

Defendant pleaded guilty to possession of methamphetamine while armed with a loaded firearm. (Health & Saf. Code, § 11370.1, subd. (a).) He admitted the prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and the prior prison term (Pen. Code, § 667.5, subd. (b)). Consistent with the plea agreement, the trial court sentenced defendant to nine ...


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