People v. Carroll CA1/3

DISCUSSION

Carroll raises two issues on appeal: (1) whether the drug treatment probation condition is unconstitutional; and (2) whether the trial court erred in concluding it did not have the authority to consider her ability to pay when imposing the court operations and facilities assessments.2 Penal Code section 1237.5 provides that no appeal from a guilty or no contest plea may be taken without a certificate of probable cause for an appeal based on reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings. (Pen. Code, § 1237.5.) If the trial court denies a request for a certificate of probable cause, “the appeal will be limited to issues that do not require a certificate of probable cause.”3 (Cal.

Carroll’s notice of appeal sought to raise a claim of ineffective assistance of counsel. She does not raise that claim in her brief and we therefore do not consider it. (See Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 52.) We readily discard the Attorney General’s request that we dismiss the appeal on the basis that Carroll’s notice of appeal is “procedurally deficient” because it did not signal her intent to raise…