P. v. Legge

Filed 5/10/06 P. v. Legge CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

Defendant Michael Legge, Jr., pleaded no contest to grand theft and obtaining money by mock auction. He thereafter unsuccessfully moved to withdraw his plea on the ground (among others) that the record did not show a factual basis for his pleas. (Pen. Code, § 1192.5.)[1] He then filed a request for a certificate of probable cause. (§ 1237.5.) The trial court denied the request, and defendant did not challenge the denial via petition for writ of mandate. (People v. Cole (2001) 88 Cal.App.4th 850, 860, fn. 3.) On appeal, defendant contends that the judgment must be reversed because there is no factual basis for his plea. The People reply that defendant's claim is procedurally barred because defendant failed to obtain a certificate of probable cause. We agree with the People. We therefore dismiss the appeal.

background

Defendant and an accomplice sold automobile parts via eBay auctions. They sent defective products or no products at all and kept the money.

discussion

Any defendant who seeks review by appeal after pleading guilty or no contest must comply with section 1237.5 and California Rules of Court, rule 31(d), which require the defendant to obtain a certificate of probable cause whenever he or she wishes to appeal and raise issues that go to the validity of the plea. As the Supreme Court has explained, â€