P. v. Flores CA4/1
Following an unsuccessful attempt to cash a stolen check, Defendant Adolfo Flores pled guilty to two felonies: unauthorized use of personal identifying information of another (Pen. Code, § 530.5, subd. (a)) and burglary (§ 459). After entry of his guilty plea but before sentencing, Flores moved to reduce the charges to misdemeanors in light of intervening case authority that purportedly rendered his felony plea unlawful. The court partially granted the requested relief; it reduced the burglary charge but left the felony identity theft count unaltered.
Flores appeals, ostensibly from the partial denial of his motion. Yet his appeal suffers a fatal flaw that precludes us from reaching its merits. In substance, Flores's appeal challenges the lawfulness of his underlying plea. It thus requires a certificate of probable cause—which Flores neither sought nor obtained. Accordingly, we must dismiss his appeal.
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