People v. Mollison 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 filing of the opening brief. Defendant filed a supplemental brief raising four claims. First, defendant challenges the evidence of the underlying offense as well as the evidence that she failed to appear in court. Defendant cannot challenge the sufficiency of evidence on appeal because she appealed from her plea without a certificate of probable cause. (People v. Hunter (2002) 100 Cal.App.4th 37, 42.) Next, defendant argues the trial judge had a conflict. Defendant has forfeited this claim on appeal by failing to raise it in the trial court. (People v. Samuels (2005) 36 Cal.4th 96, 114.) Third, defendant claims trial counsel was ineffective because they failed to timely file a notice of appeal. This court granted defendant’s motion to deem the notice of appeal timely filed. No further relief can be granted on this claim, rendering it moot. (See In re…