P. v. Lord
Filed 2/10/06 P. v. Lord 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. BRIAN CHRISTOPHER LORD, Defendant and Appellant. | B187126 (Los Angeles County Super. Ct. No. NA067569) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Dismissed.
Richard Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Alan D. Tate, Deputy Attorney General, for Plaintiff and Respondent.
Defendant, Brian Christopher Lord, purports to appeal after he pled no contest to a felony drug charge and was placed on probation. We noted that it appeared that defendant may not have complied with both Penal Code section 1237.5 and California Rules of Court, rule 30(b), issued an order to show cause concerning possible dismissal, and set the matter for oral argument. We did so because 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.)
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 (2003) 30 Cal.4th 643, 651; People v. Mendez (1999) 19 Cal.4th 1084, 1099; People v. Way (2003) 113 Cal.App.4th 733, 735.) 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.) Further, no appeal may be taken on non-certificate grounds. (People v. Way, supra, 113 Cal.App.4th at pp. 735-737.)
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P .J.
We concur:
ARMSTRONG, J.
KRIEGLER, J.
Publication courtesy of Carlsbad Real Estate Attorneys ( www.mcmillanlaw.us ) and Carlsbad Lawyers directory ( www.fearnotlaw.com )
