People v. Schaffer CA4/2

California Court of Appeal May 6, 2016 No. E064200Unpublished

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Holding. The court affirmed the judgment because the defendant failed to obtain a certificate of probable cause to challenge the validity of his plea and his challenge to a prior conviction was untimely.

Issues

Whether the defendant may challenge the validity of his plea without a certificate of probable cause.
Whether the defendant's challenge to a 2000 conviction is reviewable in the current appeal.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“[W]here, as here, a certificate of probable cause has been denied, the appeal is not operative and the denial of the certificate must be reviewed by writ of mandate.”

Filed 5/6/16 P. v. Schaffer 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E064200

v. (Super.Ct.No. FSB1501129)

ANDRAS PETER SCHAFFER, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Richard V. Peel,

Judge. Affirmed.

Andras Peter Schaffer, in pro. per.; and Kyle D. Smith, under appointment by the

Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL HISTORY

On April 3, 2015, a felony complaint charged defendant and appellant Andras

Peter Schaffer with two counts of failing to register as a sex offender in violation of Penal

Code section 290, subdivision (b). The complaint also alleged that defendant had

suffered one prior serious or violent conviction for burglary (Pen. Code, § 459), in

violation of Penal Code sections 1170.12, subdivisions (a) through (d), and 667,

People v. Schaffer CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

ANDRAS PETER SCHAFFER, OPINION

FACTUAL AND PROCEDURAL HISTORY

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON J.

SLOUGH J.

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