People v. McNight

Opinion

BARRY-DEAL, J.

Maceio McNight appeals from the judgment entered after his plea of guilty. Appellant contends that (1) this appeal is not subject to the requirement of a probable cause certificate pursuant to Penal Code section 1237.5; (2) appellant was denied effective assistance of counsel at sentencing because his counsel failed to urge mitigating circumstances; and (3) the trial court erred in failing to consider mitigating circumstances before sentencing. We do not agree that appellant is exempt from the requirement of a certificate of probable cause, and we dismiss the appeal. As a…