THE PEOPLE v. LUIS ENRIQUE REYES (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Defendant, Luis Enrique Reyes, purports to appeal after he pled guilty to a felony charge and admitted the truth of several special allegations.   Defendant's probable cause certificate issuance request was denied.   Nor, contrary to the notice of appeal, was a motion to suppress evidence ever filed or ruled upon.   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 regarding possible dismissal of his appeal.

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  (People v. Kaanehe (1977) 19 Cal.3d 1, 8;  People v. Ribero (1971) 4 Cal.3d 55, 61, superseded by statute on other grounds as stated in In re Chavez, supra, 30 Cal.4th at pp. 655-656;  People v. West (1970) 3 Cal.3d 595, 600-601;  People v. Ward (1967)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.)   There is no merit to defendant's request that we conduct review pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442.  (See Smith v. Robbins (2000) 528 U.S. 259, 280.)   We have no jurisdiction over this appeal.

The appeal is dismissed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

We concur:

ARMSTRONG, J. KRIEGLER, J.