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People v. Jordan

California Court of Appeals, Second District, Fifth Division
Apr 2, 2010
No. B221581 (Cal. Ct. App. Apr. 2, 2010)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. LA057578, Joseph A. Brandolino, Judge.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Tannaz Kouhpainezhad, Deputy Attorney General, for Plaintiff and Respondent.


WEISMAN, J.

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

On October 22, 2009, defendant, Michael Jordan, pled no contest to a robbery charge and admitted a firearm use allegation. Defendant’s probable cause certificate issuance certificate request was denied. 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.) 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.)

The appeal is dismissed.

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


Summaries of

People v. Jordan

California Court of Appeals, Second District, Fifth Division
Apr 2, 2010
No. B221581 (Cal. Ct. App. Apr. 2, 2010)
Case details for

People v. Jordan

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JORDAN, Defendant and…

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

Date published: Apr 2, 2010

Citations

No. B221581 (Cal. Ct. App. Apr. 2, 2010)