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People v. Vasquez

California Court of Appeals, Second District, Fifth Division
Dec 22, 2009
No. B218511 (Cal. Ct. App. Dec. 22, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. PA059782, Harvey Giss, Judge.

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

No appearance on behalf of Plaintiff and Respondent.


TURNER, P. J.

On July 13, 2009, defendant, Alexander Manuel Vasquez, pled no contest to two felony charges. Defendant never secured a probable cause certificate. We have a duty to raise issues concerning our jurisdiction on our own motion and therefore 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.) 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. Vasquez

California Court of Appeals, Second District, Fifth Division
Dec 22, 2009
No. B218511 (Cal. Ct. App. Dec. 22, 2009)
Case details for

People v. Vasquez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALEXANDER MANUEL VASQUEZ…

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

Date published: Dec 22, 2009

Citations

No. B218511 (Cal. Ct. App. Dec. 22, 2009)