P. v. Robles
Juan Robles attempts to appeal from a carjacking conviction following a negotiated plea in which he was sentenced to three years state prison. (Pen. Code, 215.) Before sentencing, appellant moved to withdraw the plea (Pen. Code, 1018) after his friend and codefendant told the police that appellant "had nothing to do with this." The trial court denied the motion and denied appellant's request for a certificate of probable cause. ( 1237.5.)
Robles appealed and filed a petition for writ of mandate. In our previous unpublished opinion, a majority of the court issued a peremptory writ and reversed the judgment with directions to grant the motion to withdraw the guilty plea. The People successfully petitioned for rehearing.
On rehearing, Court deny the petition for writ of mandate. Without a certificate of probable cause, the appeal must be dismissed. (People v. Panizzon (1996) 13 Cal.4th 68, 89 and 90; In re Brown (1973) 9 Cal.3d 679, 683.)
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