P. v. Spicer

Filed 1/17/07  P. v. Spicer CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE COURT:

            It is ordered that the opinion filed herein on January 4, 2007, be modified as

follows:

            1.  On page 5, the citation after the first sentence of the first paragraph, " § 1237" is

changed to " § 1237.5" and " rule 31(d)" is changed to " rule 8.304(b)" so the citation

(footnote omitted) reads:

                        (§ 1237.5; Cal. Rules of Court, rule 8.304(b).) 

            2.  On page 5, footnote 4, " Section 1237" is changed to " Section 1237.5" and

brackets are added before and after each paragraph symbol, so the footnote reads:

                        Section 1237.5 provides:  " No appeal shall be taken by the defendant from       a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation      of probation following an admission of violation, except where both of the             following are met:  [¶]  (a)  The defendant has filed with the trial court a written           statement, executed under oath or penalty of perjury showing reasonable             constitutional, jurisdictional, or other grounds going to the legality of the        proceedings.  [¶]  (b)  The trial court has executed and filed a certificate of       probable cause for such appeal with the clerk of the court."

            2.  On page 8, the third sentence of the second paragraph, " rule 30(b)(4)" is changed to " rule 8.304(b)(4)(B)" so the sentence reads:

                        California Rules of Court, rule 8.304(b)(4)(B), embodying these rules,            requires a certificate " unless 'the notice of appeal states that the appeal is based on          . . . grounds that arose after entry of the plea and do not affect the plea's validity.' "

            There is no change in the judgment.

BENKE, Acting P. J.

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