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People v. Wilson

Court of Appeal of California
Jul 10, 2008
B205518 (Cal. Ct. App. Jul. 10, 2008)

Opinion

B205518

7-10-2008

THE PEOPLE, Plaintiff and Respondent, v. JIMMY R. WILSON, Defendant and Appellant.

Alan Stern, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent.

Not to be Published


Defendant, Jimmy Wilson, purports to appeal from a felony conviction. On December 7, 2007, defendant pled nolo contendere to a drug charge and admitted a special allegation. It appeared defendant made no effort to secure a probable cause certificate. 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 and set the matter for oral argument. (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.) There s no merit to defendants contention he should be permitted to amend his notice of appeal or otherwise be relieved from default. (People v. McEwan (2007) 147 Cal.App.4th 173, 178-179.)

The appeal is dismissed.

We concur:

ARMSTRONG, J.

KRIEGLER, J.


Summaries of

People v. Wilson

Court of Appeal of California
Jul 10, 2008
B205518 (Cal. Ct. App. Jul. 10, 2008)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JIMMY R. WILSON, Defendant and…

Court:Court of Appeal of California

Date published: Jul 10, 2008

Citations

B205518 (Cal. Ct. App. Jul. 10, 2008)