P. v. Davis

Filed 3/5/08 P. v. Davis CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County. George Genesta, Judge. Dismissed.

Law Offices of John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

___________________________

Kristen William Davis appeals from the judgment following his plea of no contest to being a gang member in possession of a loaded gun. He raises no colorable points for argument. Furthermore, he failed to obtain a certificate of probable cause entitling him to appeal from his no contest plea. (Pen. Code,  1237.5.) Accordingly, we dismiss his appeal.

DISCUSSION

On June 16, 2007, two city of Pomona police officers were on patrol when they saw appellant Kristen William Davis not wearing a seatbelt in a cars front passenger seat. Appellant was a member of the Southside Village gang whom the officers knew from previous encounters. The officers pulled the car over and got out of their patrol car to approach the stopped vehicle. Appellant stepped out of the car and started to walk toward its rear with his hands up. Without warning, he then tried to run away. The officers chased appellant and caught him when he could not get past a locked security door. At that point, he raised his hands and threw down a small handgun.

The People filed a two count information charging appellant with being a gang member in possession of a loaded handgun and with resisting police. Waiving his trial rights, appellant entered into a plea bargain. He pleaded no contest to the gun offense, and the People dismissed the charge of resisting police. As part of the plea bargain, the court sentenced appellant to three years probation, but suspended its imposition provided appellant serve 180 days in county jail. A month after entering the plea bargain, appellant filed a notice of appeal without obtaining a certificate of probable cause.

We appointed appellate counsel to represent appellant. On November 6, 2007, counsel filed a Wende brief stating he could not find any arguable issues for appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter that day to appellant inviting him to file a letter or brief raising any issues he wanted us to consider. He has not filed any such letter or brief. We have reviewed the record and find no arguable issues for appeal. Furthermore, appellants notice of appeal does not identify any issue that is exempt from the requirement of a certificate of probable cause following a no contest plea. (People v. Buttram (2003) 30 Cal.4th 773, 780 [no certificate of probable cause required to appeal issues involving search and seizure or sentencing]; People v. McEwan (2007) 147 Cal.App.4th 173, 177.)

DISPOSITION

The appeal is dismissed for appellants failure to comply with the requirement of obtaining a certificate of probable cause following entry of a plea of no contest. ( 1237.5; People v. McEwan, supra, 147 Cal.App.4th at p. 175.)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

RUBIN, J.

We concur:

COOPER, P. J.

EGERTON, J.*

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* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.