People v. Way

Opinion

TURNER, P. J.

Defendant, Kevin Lee Way, pleaded guilty to inflicting corporal injury on a cohabitant in violation of Penal Code

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section 273.5, subdivision (a). He was sentenced to eight years in state prison. Defendant filed a notice of appeal “from the final judgment of conviction.” We issued an order to show cause concerning possible dismissal of the appeal for failure to fully and timely comply with both section 1237.5 and California Rules of Court,

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rule 31(d). After allowing briefing and affording the parties the option of oral argument, we now dismiss the appeal.

[735]

Pursuant to section 1237.5, a defendant may not appeal from a judgment of conviction entered on a guilty or nolo contendere plea unless: “(a) The defendant has filed with the trial court a written statement, executed under oath or penalty of perjury[,] showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings. [(¡[] (b) The trial court has executed and filed a certificate of probable cause for such appeal with the clerk of the court.”

(In re Chavez

(2003) 30 Cal.4th 643, 646-647, 650 [134 Cal.Rptr.2d 54, 68 P.3d 347];

People

v.

Panizzon

(1996) 13 Cal.4th 68, 74 [51 Cal.Rptr.2d 851, 913 P.2d 1061].) Pursuant to rule 31(d), “If a judgment of conviction is entered upon a plea of guilty or nolo contendere, a defendant shall, within 60 days after the judgment is rendered, file as an intended notice of appeal the statement required by section 1237.5 of the Penal Code; but the appeal shall not be operative unless the trial court executes and files the certificate of probable cause required by that section.” A defendant seeking appellate review following a guilty or nolo contendere plea must fully and timely comply with both section 1237.5 and rule 31(d).