Lyons

People v. Lyons

Good Law
101 Cal. Rptr. 3d 241·178 Cal. App. 4th 1355·2009 Cal. App. LEXIS 1788
Court of Appeal of CaliforniaNovember 5, 2009B212253California3,086 words

Opinion

Opinion

Yegan, J.

“If the appeal is irregular in any substantial particular, but not otherwise, the appellate court may order it to be dismissed.” (Pen. Code, § 1248.) As we shall explain, this purported appeal is beyond “irregular.” We have no jurisdiction to entertain it because the notice of appeal was not timely filed. (See People v. Mendez (1999) 19 Cal.4th 1084, 1094-1095 [ 81 Cal.Rptr.2d 301 , 969 P.2d 146 ].)

Bart Alan Lyons purports to appeal from the judgment entered following his negotiated guilty plea to possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and displaying false evidence of vehicle registration (Veh. Code, § 4462.5). He admitted one prior prison term. (Pen. Code, § 667.5, subd. (b).) The trial court struck the prior prison term and sentenced him to prison for two years. It did not grant credit for time served because appellant was in custody on a parole hold. (People v. Bruner (1995) 9 Cal.4th 1178, 1182-1183 [ 40 Cal.Rptr.2d 534 , 892 P.2d 1277 ].)

The issues arise from appellant’s presentence request to withdraw from the negotiated disposition. At the time of his request, appellant was represented by the public defender. Appellant contends (1)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.