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PEOPLE v. McEWAN

No. B193724.

54 Cal.Rptr.3d 86 (2007)

147 Cal.App.4th 173

The PEOPLE, Plaintiff and Respondent, v. Brian McEWAN, Defendant and Appellant.

Court of Appeal of California, Second District, Division Five.

January 30, 2007.

Attorney(s) appearing for the Case

Sharon Fleming, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.

KRIEGLER, J.

An appeal following a guilty or no contest plea which challenges the validity of the plea is not operative unless the defendant obtains a certificate of probable cause pursuant to Penal Code section 1237.5.1 Defendant and appellant Brian McEwan filed a notice of appeal purporting to challenge the validity of his plea of no contest to two counts of resisting an executive officer in violation of section 69, but his request for...

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