Melendez v. Super. Ct.
Salvardor P. Melendez seeks a writ of mandate directing the trial court to grant his request for a certificate of probable cause. Briefly stated, pursuant to a plea bargain, Melendez entered a plea of no contest to attempted murder with firearm and criminal street gang enhancements. At the sentencing hearing, Melendezs attorney requested a continuance to permit Melendezs family to hire new counsel, who assertedly would file a motion to set aside Melendezs no contest plea. The trial court granted a two-week continuance but, when new counsel failed to appear, denied a request for a second continuance and sentenced Melendez pursuant to the plea bargain. Melendez filed a notice of appeal in which he requested a certificate of probable cause, alleging the trial court erroneously denied the request for a continuance to permit Melendez to hire an attorney who would file a motion to set aside Melendezs no contest plea. The trial court failed to act on the request for a certificate of probable cause.
Here, notwithstanding Avals stated purpose in seeking the continuance on Melendezs behalf, or Melendezs framing of the issue in his request for a certificate of probable cause, Arfa never appeared and Melendez never delineated any basis for the motion to withdraw the plea. Accordingly, we agree with the rule stated in Osorio and Vera and conclude Melendez did not require a certificate of probable cause in order to appeal the trial courts denial of his request for a continuance of the sentencing hearing.
Court therefore need not address whether the trial court erred in refusing to issue a certificate of probable cause.
The petition for writ of mandate is denied as moot.
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