Fear Not Law Articles: P. v. Bland

P. v. Bland

Filed 5/20/08 P. v. Bland CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

JOSEPH BLAND II,

Defendant and Appellant.

F055131

(Kern County Sup. Ct. No. DF-8636A)

OPINION

THE COURT^*

APPEAL from a judgment of the Superior Court of Kern County. Robert S. Tafoya, Judge.

Joseph Bland II, in propria persona, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

-ooOoo-

On April 23, 2008, appellant filed a notice of appeal which appears to attempt to appeal the denial of his request to withdraw his guilty plea. Attached to the notice of appeal is a denial of his request for a certificate of probable cause.

This court issued a briefing order directing appellant to address whether (1) the appeal is from a final judgment, (2) the appellant is attempting to appeal the validity of the plea without a certificate of probable cause, and (3) the appeal should be dismissed. Appellant responded by arguing that the notice of appeal is not from a final judgment, he is attempting to withdraw his plea without a certificate of probable cause, and the appeal should not be dismissed. He also states he was due to be sentenced on May 12, 2008.

Appellant is attempting to appeal from a nonappealable order. (See Pen. Code, 1237.) The denial of a request for certificate of probable cause is not an appealable order and this court does not have jurisdiction to review his request to withdraw his guilty plea pending final judgment.

DISPOSITION

The appeal is dismissed. Appellant retains the right to file a notice of appeal, as set forth in Penal Code section 1237, et. seq., after final judgment of conviction.

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^*Before Wiseman, Acting P.J., Cornell, J., and Kane, J.

Description	On April 23, 2008, appellant filed a notice of appeal which appears to attempt to appeal the denial of his request to withdraw his guilty plea. Attached to the notice of appeal is a denial of his request for a certificate of probable cause. This court issued a briefing order directing appellant to address whether (1) the appeal is from a final judgment, (2) the appellant is attempting to appeal the validity of the plea without a certificate of probable cause, and (3) the appeal should be dismissed. Appellant responded by arguing that the notice of appeal is not from a final judgment, he is attempting to withdraw his plea without a certificate of probable cause, and the appeal should not be dismissed. He also states he was due to be sentenced on May 12, 2008. Appellant is attempting to appeal from a nonappealable order. (See Pen. Code, 1237.) The denial of a request for certificate of probable cause is not an appealable order and this court does not have jurisdiction to review his request to withdraw his guilty plea pending final judgment.
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