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People v. Matthews

California Court of Appeals, Second District, Fifth Division
May 13, 2009
No. B214658 (Cal. Ct. App. May. 13, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. BA348747, David B. Gelfound, Judge. Dismissed.

Tracy A. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance on behalf of Plaintiff and Respondent.


TURNER, P. J.

Defendant, Matt Leo Matthews, purports to appeal from a Penal Code section 1000 et seq. deferred entry of judgment order. We noted that a deferred entry of judgment order may not be appealable. We have a duty to raise issues concerning our own 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 concerning possible dismissal of the appeal and set the matter for oral argument. The deferred entry of judgment order is not appealable. (People v. Marzurette (2001) 24 Cal.4th 789, 792-798.)

The appeal is dismissed without prejudice.

We concur ARMSTRONG, J., KRIEGLER, J.


Summaries of

People v. Matthews

California Court of Appeals, Second District, Fifth Division
May 13, 2009
No. B214658 (Cal. Ct. App. May. 13, 2009)
Case details for

People v. Matthews

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MATT LEO MATTHEWS, Defendant and…

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

Date published: May 13, 2009

Citations

No. B214658 (Cal. Ct. App. May. 13, 2009)