Fear Not Law Articles: P. v. Ramirez

P. v. Ramirez

Filed 3/7/07 P. v. Ramirez CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

BENNY JOHN RAMIREZ,

Defendant and Appellant.

B195470

(Los Angeles County

Super. Ct. No. MA027919)

Appeal from an order of the Superior Court of Los Angeles County, Howard Swart, Judge. Dismissed.

Johnson & Barnes and Cheryl Barnes Johnson for Plaintiff and Respondent.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels, Supervising Deputy Attorney General, Sarah J. Farhat, Deputy Attorney General, for Plaintiff and Respondent.

Defendant, Benny John Ramirez, purports to appeal after he pled no contest to a drug charge and his probable cause certificate issuance request was denied. We have a duty to raise issues concerning our jurisdiction on our own motion and thus issued an order to show cause concerning possible dismissal of the appeal. (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 is no merit to defendants argument that any decision on whether this case is appealable must await full briefing on the merits. When there is no evidence of an intent to appeal noncertificate issues or any basis for believing any exist, the appeal must be dismissed. (People v. Shelton (2006) 37 Cal.4th 759, 769; People v. McEwan (2007) 147 Cal.App.4th 173, 178.)

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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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Description	Defendant, purports to appeal after he pled no contest to a drug charge and his probable cause certificate issuance request was denied. Court have a duty to raise issues concerning our jurisdiction on our own motion and thus issued an order to show cause concerning possible dismissal of the appeal. (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 is no merit to defendants argument that any decision on whether this case is appealable must await full briefing on the merits. When there is no evidence of an intent to appeal noncertificate issues or any basis for believing any exist, the appeal must be dismissed. (People v. Shelton (2006) 37 Cal.4th 759, 769; People v. McEwan (2007) 147 Cal.App.4th 173, 178.) The appeal is dismissed.
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