Way

People v. Way

Good Law
113 Cal. App. 4th 733·2003 Cal. App. LEXIS 1738·2003 Daily Journal DAR 12737·6 Cal. Rptr. 3d 644·2003 Cal. Daily Op. Serv. 10149
Court of Appeal of CaliforniaNovember 25, 2003B169324California1,191 words

Opinion

Opinion

Turner, J.

Defendant, Kevin Lee Way, pleaded guilty to inflicting corporal injury on a cohabitant in violation of Penal Code section 273.5, subdivision (a). He was sentenced to eight years in state prison. Defendant filed a notice of appeal “from the final judgment of conviction.” We issued an order to show cause concerning possible dismissal of the appeal for failure to fully and timely comply with both section 1237.5 and California Rules of Court, rule 31(d). After allowing briefing and affording the parties the option of oral argument, we now dismiss the appeal.

Pursuant to section 1237.5, a defendant may not appeal from a judgment of conviction entered on a guilty or nolo contendere plea unless: “(a) The defendant has filed with the trial court a written statement, executed under oath or penalty of perjury[,] showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings. [(¡[] (b) The trial court has executed and filed a certificate of probable cause for such appeal with the clerk of the court.” (In re Chavez (2003) 30 Cal.4th 643, 646-647, 650 [ 134 Cal.Rptr.2d 54 , 68 P.3d 347 ]; People v. Panizzon (1996) 13 Cal.4th 68, 74 [ 51…

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