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People v. Ocampo

California Court of Appeals, Second District, Fifth Division
Oct 16, 2009
No. B217843 (Cal. Ct. App. Oct. 16, 2009)

Opinion

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of Los Angeles Super. Ct. No. NA079954, James Otto, Judge.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance on behalf of Plaintiff and Respondent.


Turner, P. J.

On May 27, 2009, defendant, Marco Ocampo, pled no contest to felony charges and admitted several special allegations. Defendant’s probable cause certificate issuance request was denied. 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.) Hence, we issued an order to show cause concerning possible dismissal of the appeal. 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.)

The appeal is dismissed.

We concur: Armstrong, J., Kriegler, J.


Summaries of

People v. Ocampo

California Court of Appeals, Second District, Fifth Division
Oct 16, 2009
No. B217843 (Cal. Ct. App. Oct. 16, 2009)
Case details for

People v. Ocampo

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MARCO OCAMPO, Defendant and…

Court:California Court of Appeals, Second District, Fifth Division

Date published: Oct 16, 2009

Citations

No. B217843 (Cal. Ct. App. Oct. 16, 2009)