P. v. Fuentes
On January 6, 2010, defendant, William Fuentes, pled nolo contendere to a drug charge. Defendants probable cause certificate issuance request was denied. As we have a duty to raise issues concerning our jurisdiction on our own motion, we issued an order to show cause concerning possible dismissal of defendants appeal. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) It appears at present that defendant has failed to fully and timely comply with both Penal Code section 1237.5 and California Rules of Court, rule 8.304(b). (In re Chavez (2003) 30 Cal.4th 643, 651; People v. Mendez (1999) 19 Cal.4th 1084, 1099; People v. Way (2003) 113 Cal.App.4th 733, 736.) Without a probable cause certificate, defendant cannot appeal. (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.) Moreover, the notice of appeal fails to comply with California Rules of Court, rule 8.304(b)(4)(B) in that it does not state defendant is appealing from matters occurring after his plea which does not affect its validity. (People v. Mendez, supra, 19 Cal.4th at p. 1096; see People v. Fulton (2009) 179 Cal.App.4th 1230, 1235-1236.)
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