People v. Perez CA4/2

California Court of Appeal Dec 18, 2025 No. E086482Unpublished

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Holding. The court dismissed the appeal because the defendant failed to obtain a certificate of probable cause required to challenge a judgment following a plea agreement that included an express waiver of the right to appeal.

Issues

Whether a Wende review is required when a defendant fails to obtain a certificate of probable cause following a plea agreement with an appellate waiver.
Whether the appeal constitutes an attack on the validity of the plea agreement requiring a certificate of probable cause.

Disposition. Dismissed.

Quotations verified verbatim against the opinion

“When a plea bargain includes an express waiver of appeal, an attempt to appeal the judgment is necessarily an attack on a term of the agreement and, therefore, a probable cause certificate is required.”

“The appeal is dismissed.”

Filed 12/18/25 P. v. Perez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E086482

v. (Super.Ct.No. SWF2300057)

JOHNNY ALEXANDER PEREZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Jeffrey M. Zimel, Judge.

Dismissed.

Anita P. Jog, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Johnny Alexander Perez appeals from the judgment

entered against him by the Riverside County Superior Court.

BACKGROUND

Defendant entered into a plea agreement in which he pled guilty to (i) attempted

murder with an enhancement for personal use of a firearm (Pen. Code,1 §§ 664, 187,

12022.53, subd. (b), 1192.7, subd. (c)(8), count 8); and (ii) assault with a semiautomatic

People v. Perez CA4/2

AI Brief

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

JOHNNY ALEXANDER PEREZ, OPINION

BACKGROUND

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DISCUSSION

DISPOSITION

FIELDS J.

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