People v. Ward CA3

DISCUSSION

Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Defendant’s notice of appeal, however, attaches a handwritten letter to the trial court in which he complains of ineffective assistance of counsel, arguing the public defender did not pursue an entrapment defense that Chico police officers left a stolen vehicle on the street and kept it under surveillance to induce someone to take it. Assuming for the sake of argument that defendant’s letter functions as a supplemental brief, this claim is not cognizable on appeal. First, defendant’s claim in effect challenges the plea, but he did not seek or obtain a certificate of probable cause. (See People v. Stubbs (1998) 61 Cal.App.4th 243, 244-245 [defendant is required to obtain a certificate of probable cause to raise on appeal a claim of…