Opinion
B233139
12-22-2011
THE PEOPLE, Plaintiff and Respondent, v. ARTURO H. CAMPOS, Defendant and Appellant.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. BA368118)
APPEAL from a judgment of the Superior Court of Los Angeles County. Ronald H. Rose, Judge. Appeal dismissed.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
An information, dated December 9, 2010, charged Arturo H. Campos with two counts: (1) possession of cocaine for sale in violation of Health and Safety Code section 11351; and (2) possession of methamphetamine for sale in violation of Health and Safety Code section 11378. According to the preliminary hearing transcript, both counts were based on the seizure of controlled substances and related paraphernalia during the execution of search warrants at Campos's place of business and home on February 16, 2010. After initially entering a plea of not guilty, on March 9, 2011, Campos changed his plea and pleaded no contest to count 1. The trial court suspended imposition of sentence and placed Campos on formal probation for three years with the condition, among others, that he serve 270 days in jail in the County of Los Angeles. The court dismissed count 2. Campos filed a notice of appeal, but did not obtain a certificate of probable cause or identify any noncertificate issues in his notice of appeal.
We appointed counsel to represent Campos in the matter. After examining the record, counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) On October 28, 2011, we directed appointed counsel to immediately send the record on this appeal and a copy of the opening brief to Campos and notified Campos that within 30 days from the date of the notice he could submit by letter or brief any ground of appeal, contention or argument he wished us to consider. We did not receive a response.
Campos's appeal must be dismissed. A defendant who has pleaded guilty or no contest to a charge may not obtain appellate review of the validity of his plea unless he complies with Penal Code section 1237.5 by obtaining a certificate of probable cause from the trial court. (People v. Mendez (1999) 19 Cal.4th 1084, 1088.) "Such a defendant may obtain review solely of so-called 'noncertificate' issues, that is, postplea questions not challenging his plea's validity and/or questions involving a search or seizure whose lawfulness was contested pursuant to [Penal Code] section 1538.5," if the notice of appeal states noncertificate grounds. (Ibid.) Campos did not obtain a certificate of probable cause, nor did he list any noncertificate issues in his notice of appeal. He also did not submit a brief or letter on appeal stating any such challenge. And we have not identified any noncertificate issue warranting appellate review. As a result, Campos's failure to obtain a certificate of probable cause from the trial court is fatal to his appeal and requires its dismissal. (Cal. Rules of Court, rule 8.304(b); Mendez, at pp. 1095-1096.)
We have examined the entire record and are satisfied that Campos's attorney has fully complied with his responsibilities and that no arguable appellate issue exists. (People v. Wende, supra, 25 Cal.3d at p. 441; People v. Kelly (2006) 40 Cal.4th 106, 110.)
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED.
ROTHSCHILD, J. We concur:
MALLANO, P. J.
JOHNSON, J.