P. v. Belshaw
Craig Patrick Belshaw (appellant) appeals from his plea of no contest to a charge of felony driving with a blood-alcohol level of .08 percent or higher (Veh. Code,[1] § 23152, subd. (b)) and the resultant sentence he received in the above-referenced criminal case.
The Court note that appellant has not obtained a certificate of probable cause, which is required by Penal Code section 1237.5 when a defendant seeks to appeal from a judgment entered following a guilty or no contest plea. A certificate is not required when the notice of appeal states, as appellant’s does here, that the appeal is based upon the sentence or other matters occurring after the plea that do not affect the validity of the plea. Accordingly, the court have reviewed the whole record pursuant to People v. Wende, supra, 25 Cal.3d 436, and People v. Kelly (2006) 40 Cal.4th 106, focusing upon grounds for appeal arising after entry of the plea. Having done so, we conclude that there is no arguable issue on appeal.
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