Opinion
B194029
12-11-2006
THE PEOPLE, Plaintiff and Respondent, v. DAVID CARL RASCHKA, Defendant and Appellant.
Thaddeus J. Culpepper, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant, David Carl Raschka, pled no contest to a felony charge. Defendants probable cause certificate issuance request was denied. Because we have a duty to raise issues concerning our jurisdiction on our own motion, we issued an order to show cause concerning possible dismissal of the appeal. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) 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.) Thus, the appeal must be dismissed as defendant has failed to fully and timely comply with both Penal Code section 1237.5 and California Rules of Court, rule 30(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, 735-736.)
The appeal is dismissed.
We Concur:
ARMSTRONG, J.
KRIEGLER, J.