Opinion
B166730.
7-29-2003
THE PEOPLE, Plaintiff and Respondent, v. TONY CHEONG, Defendant and Appellant.
Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent.
Defendant, Tony Cheong, purports to appeal after he admitted that he was in violation of probation. We noted that defendant had failed to secure a probable cause certificate which may jurisdictionally preclude us from considering the merits of his appeal. Given that we have a duty to raise issues concerning our own jurisdiction our own motion, we issued an order to show cause concerning potential dismissal of the appeal. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126, 876 P.2d 1074; Olson v. Cory (1983) 35 Cal.3d 390, 398, 197 Cal. Rptr. 843, 673 P.2d 720.) We dismiss the appeal.
Penal Code section 1237.5 requires that a probable cause certificate be secured in order to challenge the validity of a probation violation admission on appeal. (See People v. Kaanehe (1977) 19 Cal.3d 1, 8, 136 Cal. Rptr. 409, 559 P.2d 1028; People v. Ribero (1971) 4 Cal.3d 55, 60-61, 92 Cal. Rptr. 692, 480 P.2d 308; People v. West (1970) 3 Cal.3d 595, 600-601, 91 Cal. Rptr. 385, 477 P.2d 409; People v. Ward (1967) 66 Cal.2d 571, 574-577, 58 Cal. Rptr. 313, 426 P.2d 881.) Defendant failed to secure a probable cause certificate. Therefore, the present case is not appealable. (In re Chavez (2003) 30 Cal.4th 643, 649-652; People v. Mendez (1999) 19 Cal.4th 1084, 1099, 969 P.2d 146.)
The appeal is dismissed.
We concur: GRIGNON, J., ARMSTRONG, J.