Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. KA090222, Wade Olson, 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.
Defendant, Anthony Randolph, Jr., purports to appeal after he pled nolo contendere to two counts of robbery. (Pen. Code, § 211.) We noted that defendant had not secured a probable cause certificate and the notice of appeal did not fully comply with both section 1237.5 and California Rules of Court, rule 8.304(b). 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 re dismissal and set the matter for oral argument. We allowed defendant time to brief the dismissal issue.
All further statutory references are to the Penal Code unless otherwise indicated.
On September 17, 2010, appointed counsel conceded the probable cause issue but maintained defendant should be allowed to file an opening brief. On October 12, 2010, appointed counsel filed an opening brief in which no issues were raised. Instead, counsel requested we independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. On November 5, 2010, defendant filed a document stating that he was charged with and admitted a firearm enhancement pursuant to section 12022.53, subdivision (b). Defendant asserts there was insufficient evidence of firearm use. Defendant claims he should have been charged with a lower enhancement under section 12022.5, subdivision (a).
Defendant’s failure to secure a probable cause certificate as required by section 1237.5 and California Rules of Court, rule 8.304(b) requires that the appeal be dismissed. (In re Chavez (2003) 30 Cal.4th 643, 646-647, 650; People v. Panizzon (1996) 13 Cal.4th 68, 74; People v. Way (2003) 113 Cal.App.4th 733, 735.) Moreover, because defendant did not obtain a probable cause certificate, we have nojurisdiction to reach the merits of defendant’s appeal. (People v. Mendez (1999) 19 Cal.4th 1084, 1098; People v. Panizzon, supra, 13 Cal.4th at p. 89, fn. 15.)
The appeal is dismissed.
We concur: KRIEGLER, J., KUMAR, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.