P. v. Foster
Filed 7/30/12 P. v. Foster 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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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.
DEAUDRE FOSTER,
Defendant and Appellant.
B240510
(Los Angeles
County
Super. Ct.
No. NA090727)
APPEAL from
a judgment of the Superior Court
of
County, Judith Levy Meyer, Judge. Dismissed.
Richard B.
Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D.
Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General,
Lance E. Winters, Assistant Attorney General, Steven D. Mercer, Deputy Attorney
General, for Plaintiff and Respondent.
Defendant,
Deaudre Foster, purports to appeal after he pled no contest to drug charges on January 24, 2012. Sentenced on the same date, his notice of
appeal was not filed until April 12,
2012. We noted the appeal
may be untimely. We have a duty to raise
the issue of our own jurisdiction on our own motion and thus issued an order to
show cause re: dismissal. (Jennings
v. Marralle (1994) 8 Cal.4th 121,
126; Olson v. Cory (1983) 35 Cal.3d 390, 398.)
We appointed counsel, allowed briefing and scheduled
issue.
Defendant’s
notice of appeal was not timely filed.
(Cal. Rules of Court, rule 8.308(a).)
It was filed more than 60 days after he was sentenced. Thus, his appeal must be dismissed. (People
v. Pritchett (1993) 20 Cal.App.4th 190, 195.)
The appeal
is dismissed.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER,
P. J.
We concur:
ARMSTRONG,
J.
KRIEGLER,
J.
