THE PEOPLE v. ANTHONY AARON DOMIO (2010)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

On August 16, 2010, defendant, Anthony Aaron Domio, pled no contest to an elder abuse charge.   On September 23, 2010, defendant's probable cause certificate issuance request was denied.   We have a duty to raise issues concerning our jurisdiction on our own motion.  (Jennings v. Marralle (1994) 8 Cal.4th 121, 126;  Olson v. Cory (1983) 35 Cal.3d 390, 398.)   Thus, we issued an order to show cause concerning possible dismissal of the appeal and set the matter for argument.

Defendant has failed to fully and timely comply with both Penal Code section 1237.5 and California Rules of Court, rule 8.304(b).  (In re Chavez (2003) 30 Cal.4th 643, 651;  People v. Mendez (1999) 19 Cal.4th 1084, 1099;  People v. Way (2003) 113 Cal.App.4th 733, 736.)   Without a probable cause certificate, defendant cannot appeal.  (People v. Kaanehe (1977) 19 Cal.3d 1, 8;  People v. Ribero (1971) 4 Cal.3d 55, 61;  People v. West (1970) 3 Cal.3d 595, 600-601;  People v. Ward (1967) 66 Cal.2d 571, 574-576.)   Moreover, the notice of appeal fails to comply with California Rules of Court, rule 8.304(b)(4)(B) in that it does not state defendant is appealing from matters occurring after the plea which does not affect its validity.   (People v. Mendez, supra, 19 Cal.4th at p. 1096;  see People v. Fulton (2009) 179 Cal.App.4th 1230, 1235-1236.)

The appeal is dismissed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

We concur:

ARMSTRONG, J. KRIEGLER, J.