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People v. Atalla

California Court of Appeals, Second District, Fifth Division
May 6, 2009
No. B213704 (Cal. Ct. App. May. 6, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County, Super. Ct. No. SA065358, Katherine Mader, Judge.

Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance on behalf of Plaintiff and Respondent.


TURNER, P. J.

Defendant, Nabil Hanna Atalla, purports to appeal from a judgment entered after he pled no contest to two sex charges. Defendant’s probable cause certificate issuance request was denied. It appeared we may not have jurisdiction because defendant failed to secure a probable cause certificate and the notice of appeal did not raise any noncertificate grounds. (See People v. Mendez (1999) 19 Cal.4th 1084, 1096; People v. Lloyd (1998) 17 Cal.4th 658, 664.) 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 and set the matter for oral argument. 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, supra, 19 Cal.4th at p. 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.) Thus, his appeal must be dismissed.

The appeal is dismissed.

We concur: ARMSTRONG, J., KRIEGLER, J.


Summaries of

People v. Atalla

California Court of Appeals, Second District, Fifth Division
May 6, 2009
No. B213704 (Cal. Ct. App. May. 6, 2009)
Case details for

People v. Atalla

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. NABIL HANNA ATALLA, Defendant and…

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

Date published: May 6, 2009

Citations

No. B213704 (Cal. Ct. App. May. 6, 2009)