People v. Washington CA2/3

Filed 11/27/23 P. v. Washington CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B328736

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA155699 v.

TOMMY WASHINGTON, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Carol J. Najera, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

After defendant Tommy Washington, Jr. (defendant) was sentenced pursuant to a negotiated plea agreement, he filed a notice of appeal in which he checked the preprinted box indicating his appeal was based on “the denial of a motion to suppress evidence under Penal Code section 1538.5.” Although a blank request for a certificate of probable cause is attached to the notice of appeal, there is no indication in the record that defendant requested or obtained a certificate of probable cause from the trial court. However, under California Rules of Court, rule 8.304(b)(4), a defendant may appeal without a probable cause certificate if, as here, the appeal is based on the denial of a motion to suppress evidence. Defendant’s appellate counsel filed an opening brief asking that we conduct an independent review of the record for arguable issues as required by People v. Wende (1979) 25 Cal.3d 436. Counsel and this court also informed defendant of his right to file a supplemental brief on his own behalf, but defendant did not do so. Finding no arguable issues, we affirm.