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People v. Balcaceres

California Court of Appeals, Second District, Fifth Division
Jul 10, 2008
No. B205716 (Cal. Ct. App. Jul. 10, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. PA060506, Dalila Corral Lyons, Judge.

Cynthia A. Thomas, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance on behalf of Plaintiff and Respondent.


TURNER, P. J.

Defendant, Ervin Balcaceres, purports to appeal from his felony conviction. On December 17, 2007, defendant pled nolo contendere to a felony charge and admitted the truth of a special allegation. We noted defendant 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.) Thus, we issued an order to show cause concerning possible dismissal of the appeal 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 (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.) As a result, the appeal must be dismissed.

The appeal is dismissed.

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


Summaries of

People v. Balcaceres

California Court of Appeals, Second District, Fifth Division
Jul 10, 2008
No. B205716 (Cal. Ct. App. Jul. 10, 2008)
Case details for

People v. Balcaceres

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ERVIN MICHAEL BALCACERES…

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

Date published: Jul 10, 2008

Citations

No. B205716 (Cal. Ct. App. Jul. 10, 2008)