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People v. Shevchanko

California Court of Appeals, Second District, Fifth Division
Nov 19, 2008
No. B210093 (Cal. Ct. App. Nov. 19, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. SERGEI SHEVCHANKO, Defendant and Appellant. B210093 California Court of Appeal, Second District, Fifth Division November 19, 2008

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of Los Angeles County, Ct. Nos. GA067030, GA069778 Leslie E. Brown and Teri Schwartz, Judges.

Linn Davis, under appointment by the Court of Appeal,

No appearance on behalf of Plaintiff and Respondent.

TURNER, P. J.

Defendant, Sergei Shevchanko, purports to appeal after he pled no contest on June 30, 2008, to felony charges and admitted he used a deadly weapon in the commission of the offenses. Defendant’s probable cause certificate issuance 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.) Thus, we issued an order to show cause concerning possible dismissal of the appeal and set the matter for oral argument. 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, J. KRIEGLER, J.


Summaries of

People v. Shevchanko

California Court of Appeals, Second District, Fifth Division
Nov 19, 2008
No. B210093 (Cal. Ct. App. Nov. 19, 2008)
Case details for

People v. Shevchanko

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SERGEI SHEVCHANKO, Defendant and…

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

Date published: Nov 19, 2008

Citations

No. B210093 (Cal. Ct. App. Nov. 19, 2008)