P. v. Velez
Filed 8/3/12 P. v. Velez CA2/5
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
JUAN MARTINEZ
VELEZ,
Defendant and Appellant.
B239981
(Los Angeles
County
Super. Ct.
No. TA113392)
APPEAL from
a judgment of the Superior Court
of
County, Kevin L. Brown, Judge.
Dismissed.
Suzan E.
Hier, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance on behalf of Plaintiff and Respondent.
Defendant,
Juan Martinez Velez, purports to appeal from his February
1, 2012 post-judgment order denying
his motion to set aside his nolo contendere plea. We noted that the post-judgment February 1, 2012 order may not be appealable. We then issued an order to show cause
re: possible dismissal of the
appeal. 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.) The
post-judgment February 1, 2012 order is not be
appealable. (
(2002) 28 Cal.4th 876, 886; People v. Cantrell (1961) 197 Cal.App.2d 40,
43; People v. Bowles (1933) 135 Cal.App. 514, 516; see People v.
Thomas (1959) 52 Cal.2d 521, 527; 6 Witkin & Epstein, Cal.
Criminal Law (2011 Supp.) Criminal Appeals, § 55A, p. 80.)
The appeal is dismissed.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER,
P. J.
We concur:
KRIEGLER,
J. FERNS,
J.
the Chief Justice pursuant to article VI, section 6 of the California
Constitution.
