People v. Stiles CA4/2

California Court of Appeal May 11, 2021 No. E076002Unpublished

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Holding. The court held that it could not consider the defendant's claims regarding his innocence because he failed to obtain a certificate of probable cause, and that the trial court's denial of his postjudgment motion to withdraw his plea was not an appealable order.

Issues

Whether the defendant's claims regarding his innocence are reviewable without a certificate of probable cause.
Whether the trial court's denial of a postjudgment motion to withdraw a plea is an appealable order.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Stiles’s supplemental brief essentially argues that he is innocent, and the brief does not raise any issues concerning postplea matters that do not affect the plea’s validity.”

“We also cannot review the order denying Stiles’s motion to withdraw his plea, because it is not appealable.”

Filed 5/11/21 P. v. Stiles CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E076002

v. (Super.Ct.No. FSB20000237)

BRUCE EDWARD STILES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Donna G. Garza,

Judge. Affirmed.

Bruce Edward Stiles, in pro. per; and Robert L. Hernandez, under appointment by

the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

On August 31, 2020, Bruce Edward Stiles withdrew his plea of not guilty and,

pursuant to a plea bargain, pled no contest to one felony count of failure to update his

registration as a sex offender under Penal Code section 290.012 (undesignated statutory

citations are to this code). The court pronounced judgment at the same hearing,

sentencing Stiles to the low term of one year and four months in state prison, pursuant to

the plea bargain. On a subsequent date not identified in the record, Stiles moved to

withdraw his plea. On October 8, 2020, the trial court denied the motion as untimely and

People v. Stiles CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

BRUCE EDWARD STILES, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MENETREZ J.

RAPHAEL J.

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