P. v. Coleman

Filed 1/31/07  P. v. Coleman CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

            APPEAL from a judgment of the Superior Court of Los Angeles County, Michael A. Tynan, Judge.  Dismissed.

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

            Bill Lockyer and Edmund G. Brown, Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Zee Rodriguez and Dawn S. Mortazavi, Deputy Attorneys General, for Plaintiff and Respondent. 

            Defendant, Darryl Coleman, purports to appeal from a judgment imposed on February 17, 2006.  More than 60 days later, on April 24, 2006, defendant executed a probable cause certificate request.  The notice of appeal was received in superior court on May 4, 2006.  The notice of appeal was not even mailed to superior court until April 24, 2006, or later.  Thus, the notice of appeal is untimely.  (Cal. Rules of Court, rule 8.308(a) (former rule 30.1(a).)  Because the notice of appeal is untimely, the appeal must be dismissed.  (People v. Mendez (1999) 19 Cal.4th 1084, 1094; People v. Funches (1999) 67 Cal.App.4th 240, 243.)

            The appeal is dismissed.

                                                NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

                                                TURNER, P.  J.

We concur:

            ARMSTRONG, J.

            KRIEGLER, J.

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