People v. Kelly
Annotate this CaseDefendant, a three strikes offender, stipulated to an 18-year state prison sentence in exchange for a plea to first degree burglary of a residence with another person present. After the trial court sentenced defendant, she argued that the matter must be remanded to the trial court to exercise its discretion to strike the five-year serious felony conviction enhancements pursuant to recently enacted Senate Bill 1393. The Court of Appeal dismissed the appeal because defendant failed to obtain a certificate of probable cause. In this case, defendant and the prosecution agreed to an 18-year sentence and the five-year prior enhancements were a bargained-for component of the sentence.
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