People v. Gomez CA2/1

Filed 4/6/15 P. v. Gomez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B261838

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA079251) v.

MYRIAM GOMEZ,

Defendant and Appellant.

APPEAL from orders and a judgment of the Superior Court of Los Angeles County, Michael V. Jesic, Judge. Dismissed. Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

On January 16, 2015, defendant, Myriam Gomez, pled no contest to an arson charge. Defendant never secured a probable cause certificate. We noted that without a probable cause certificate we potentially did not have jurisdiction over this appeal. We have a duty to raise issues concerning our jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) We issued an order to show cause concerning possible dismissal of the appeal and placed the matter on calendar for argument which was waived. The appeal must be dismissed. 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.) Moreover, the notice of appeal fails to comply with California Rules of Court, rule 8.304(b)(4)(B) in that it does not state defendant is appealing from matters occurring after the plea which does not affect its validity. (People v. Mendez, supra, 19 Cal.4th at p. 1096; see People v. Fulton (2009) 179 Cal.App.4th 1230, 1235-1236.) The appeal is dismissed. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS