P. v. Paleologus
Defendant, Victor L. Paleologus, purports to appeal after he pled guilty to first degree murder. (Pen. Code[1], 187.) We noted that defendant had waived his right to appeal as part of a plea bargain whereby the prosecution, in the midst of a capital trial, moved to dismiss: a count of identity theft in violation of section 530.5, subdivision (a); a count of preparing a false financial statement ( 532, subd. (a)); a count of burglary ( 459); a count of grand theft of an automobile ( 487, subd. (d)(1)); a count of forgery ( 475, subd. (b)); a count of receiving stolen property; an allegation he had served 6 prior prison terms; an allegation he had twice been convicted of violent or serious felonies ( 667, subd. (b)-(i), 1170.12); and two special circumstance allegations. ( 190.2, subds. (a)(15) & (17).) We have a duty to raise issues concerning our own jurisdiction on our own motion. (Jenningsv. Marralle (1994) 8 Cal.4th 121, 126; Olsonv. Cory (1983) 35 Cal.3d 390, 398.) Court issued an order to show cause and set the dismissal issue for oral argument.
Court agree with the Attorney General. Defendant waived his right to appeal as part of the settlement of a pending capital case. (People v. Panizzon (1996) 13 Cal.4th 68, 80; People v. Aparicio (1999) 74 Cal.App.4th 286, 292; see People v. Nguyen (1993) 13 Cal.App.4th 114, 124.) The fact the trial court issued a probable cause certificate does not mitigate defendants waiver of the right to appeal under these facts. Thus, the appeal must be dismissed. The appeal is dismissed.
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