P. v. Bland
On April 23, 2008, appellant filed a notice of appeal which appears to attempt to appeal the denial of his request to withdraw his guilty plea. Attached to the notice of appeal is a denial of his request for a certificate of probable cause. This court issued a briefing order directing appellant to address whether (1) the appeal is from a final judgment, (2) the appellant is attempting to appeal the validity of the plea without a certificate of probable cause, and (3) the appeal should be dismissed. Appellant responded by arguing that the notice of appeal is not from a final judgment, he is attempting to withdraw his plea without a certificate of probable cause, and the appeal should not be dismissed. He also states he was due to be sentenced on May 12, 2008. Appellant is attempting to appeal from a nonappealable order. (See Pen. Code, 1237.) The denial of a request for certificate of probable cause is not an appealable order and this court does not have jurisdiction to review his request to withdraw his guilty plea pending final judgment.
Comments on P. v. Bland