 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Weber10/10/2002
uired by section 1237.5 . . . ; but the appeal shall not be operative unless the trial court executes and files the certificate of probable cause required by that section. Within 20 days after the defendant files the statement the trial court shall execute and file either a certificate of probable cause or an order denying a certificate and shall forthwith notify the parties of the granting or denial of the certificate."
However, the defendant may take an appeal without a certificate of probable cause if his appeal is based solely on noncertificate grounds and he timely files in the superior court a notice of appeal stating the noncertificate grounds. (People v. Mendez, supra, 19 Cal.4th at pp. 1088-1089, 1096.) The second paragraph of rule 31(d), which implements the exception to section 1237.5, provides, in part: "If the appeal from a judgment of conviction entered upon a plea of guilty or nolo contendere [in the superior court] is based solely upon grounds (1) occurring after entry of the plea which do not challenge its validity or (2) involving a search or seizure, the validity of which was contested pursuant to section 1538.5 . . . , the provisions of section 1237.5 . . . requiring a statement by the defendant and a certificate of probable cause by the trial court are inapplicable, but the appeal shall not be operative unless the notice of appeal states that it is based upon such grounds."
Here, defendant's ineffective assistance of counsel claim is based on defense counsel's failure to renew his motion to suppress in the superior court. Counsel's failure to do so occurred prior to the entry of defendant's plea and, in effect, challenges the propriety of his no contest plea. Thus, it is a "certificate" issue, and as such defendant was required to obtain a certificate of probable cause from the trial court in order to raise the issue on appeal. (See People v. Stubbs, supra, 61 Cal.App.4th at pp. 244-245.) Consequently, defendant's failure to obtain a certificate of probable cause precludes our review of defendant's ineffective assistance of counsel claim and requires dismissal of his appeal. (People v. Mendez, supra, 19 Cal.4th at p. 1099.)
DISPOSITION
The appeal is dismissed.
We concur:
JONES, P.J.
GEMELLO, J.
Page 1 2 3 4 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|