Opinion
B191923
12-11-2006
THE PEOPLE, Plaintiff and Respondent, v. DUANE EUGENE TICEY, Defendant and Appellant.
William Flenniken, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney, Ana R. Duarte and Susan Sullivan Pithey, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant, Duane Eugene Ticey, pled no contest to three felony charges and admitted three special allegations. The substance of defendants notice of appeal expressly involves the lawfulness of his plea. (People v. Shelton (2006) 37 Cal.4th 759, 771; People v. Panizzon (1996) 13 Cal.4th 68, 76.) No noncertificate grounds appear on the notice of appeal. (See People v. Mendez (1999) 19 Cal.4th 1084, 1096; People v. Jones (1995) 10 Cal.4th 1102, 1108, overruled on another point in In re Chavez (2003) 30 Cal.4th 643, 656.) Defendant never filed a probable cause certificate issuance request. 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, 60-64; 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, supra, 30 Cal.4th at p. 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.