People v. Reyes

Full title: THE PEOPLE, Plaintiff and Respondent, v. ALBERTO REYES, Defendant and…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Oct 17, 2012

B242469 (Cal. Ct. App. Oct. 17, 2012)

Opinion

B242469

10-17-2012

THE PEOPLE, Plaintiff and Respondent, v. ALBERTO REYES, Defendant and Appellant.

Richard Lennon and Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

TURNER

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. VA098942)

APPEAL from an order of the Superior Court of Los Angeles County, Marcelita V. Haynes, Judge. Dismissed.

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

No appearance for Plaintiff and Respondent.

Defendant purports to appeal from an order denying a motion to vacate a January 9, 2007 judgment on grounds he received ineffective assistance of counsel prior to his plea. We issued an order to show cause re dismissal on September 7, 2012. Defendant failed to secure a certificate of probable cause. As a result, the appeal must be dismissed. (Pen. Code, § 1237.5; Cal. Rules of Court, rule 8.304(b); People v. Stubbs (1998) 61 Cal.App.4th 243, 244-245; see People v. Mendez (1999) 19 Cal.4th 1084, 1097-1098 & fn. 5.)

The appeal is dismissed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P.J.

We concur:

KRIEGLER, J.

FERNS, J.^*

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