P. v. S&W Towing & Storage Corp.
Filed 10/22/07 P. v. S&W Towing & Storage Corp. CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE
THE PEOPLE, Plaintiff and Respondent, v. S&W TOWING & STORAGE CORP., Defendant and Appellant. | B195233 (Los Angeles County Super. Ct. No. SA049793) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Larry P. Fidler, Judge. Dismissed.
John Goalwin for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and G. Tracey Letteau, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant, S&W Towing and Storage Corporation, purports to appeal after pleading guilty to nine felony charges. We noted that we may not have jurisdiction. 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.) Hence, we issued an order to show cause concerning possible dismissal of the appeal and set the matter for oral argument.
Defendant failed to fully and timely comply with both Penal Code section 1237.5 and California Rules of Court, rule 8.304(b)(1). (People v. Shelton (2006) 37 Cal.4th 759, 766-771; In re Chavez (2003) 30 Cal.4th 643, 651; People v. Mendez (1999) 19 Cal.4th 1084, 1095-1099; People v. Ayala (Sept. 21, 2007, HO30471) ___ Cal.App.4th ___, ___; People v. Cole (2001) 88 Cal.App.4th 850, 859.) Defendants claim challenges the validity of his plea. Without a probable cause certificate, defendant cannot appeal. (People v. Shelton, supra, 37 Cal.4th at p. 769; 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.) Further, no appeal may be taken on non-certificate grounds. (People v. Way (2003) 113 Cal.App.4th 733, 735-737.)
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J.
We concur:
ARMSTRONG, J. KRIEGLER, J.
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