Can a defendant appeal from a finding that he failed to obtain a certificate of probable cause under section 1170.18 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Grayson, A144610 (Cal. App. 2015):
Defendant argues that he is excused from the probable cause requirement because section 1170.18 was enacted as part of Proposition 47 "[a]fter appellant's plea, but prior to sentencing." Whether or not those facts, if true, would excuse the absence of a certificate of probable cause, his facts are simply incorrect. The voters enacted Proposition 47 on November 4, 2014, and the law went into effect the next day. (People v. Rivera (2015) 233 Cal.App.4th 1085, 1089.) The felony complaint was filed in this case on November 21, 2014, and defendant's plea was entered December 8, 2014.
Because defendant appeals from a judgment based on his plea of no contest and he failed to obtain a certificate of probable cause, the appeal must be dismissed. ( 1237.5; People v. Mendez (1999) 19 Cal.4th 1084, 1096-1097.)
The appeal is dismissed.
/s/_________
Pollak, J.
We concur:
/s/_________
McGuiness, P. J.
/s/_________
Siggins, J.
Footnotes:
1. All statutory references are to the Penal Code unless otherwise noted.
2. A 2013 conviction for the violation of section 496, subdivision (a) in Mendocino County case No. SCUKCR-120023454003.
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