Opinion
B206364
9-8-2008
THE PEOPLE, Plaintiff and Respondent, v. ANYLA RENE LAZENBY, Defendant and Appellant.
Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent.
Not to be Published
On November 30, 2007, defendant, Anyla Rene Lazenby, pled nolo contendere to a drug charge. Her plea withdrawal motion was denied. Defendant has made no effort to secure a probable cause certificate. We have a duty to raise issues concerning our jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) As a result, we issued an order to show cause concerning possible dismissal of the appeal and permitted the parties to orally argue the dismissal issue.
Defendant has failed to fully and timely comply with both Penal Code section 1237.5 and California Rules of Court, rule 8.304(b). (In re Chavez (2003) 30 Cal.4th 643, 651; People v. Mendez (1999) 19 Cal.4th 1084, 1099; People v. Way (2003) 113 Cal.App.4th 733, 736.) Without a probable cause certificate, defendant cannot appeal. (People v. Kaanehe (1977) 19 Cal.3d 1, 8; People v. Ribero (1971) 4 Cal.3d 55, 61; People v. West (1970) 3 Cal.3d 595, 600-601; People v. Ward (1967) 66 Cal.2d 571, 574-576.) If defendant believes a jurisdictional error has occurred in connection with the fines, she may raise the issue before the trial court or in a habeas corpus petition.
The appeal is dismissed.
We concur:
ARMSTRONG, J.
KRIEGLER, J.