COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. SUPERIOR COURT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA q BANNING 155 E. Hays, Banning, CA 92220 q BLYTHE 265 North Broadway, Blythe, CA 92225 q HEMET 880 N. State St., Hemet, CA 92543 q INDIO 46-200 Oasis St., Indio, CA 92201 -against- Murrieta, q MURRIETA 30755-D Auld Road,No. CA 92563 : Calendar q RIVERSIDE 4050 Main St., Riverside, CA 92501 q RIVERSIDE 4175 Main St., Riverside, CA 92501 : JUDICIAL SUBPOENA Plaintiff(s) TEMECULA 41002 County Center Dr., #100, Temecula, CA 92591 q : THIS NOTICE OF APPEAL TO BE FILED NO MORE THAN 60 DAYS AFTER JUDGMENT IN : THE COUNTY SUPERIOR COURT WHERE SENTENCE WAS IMPOSED : THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ___________________________________________ THE PEOPLE OF THE STATE OF CALIFORNIA, .............................. Plaintiff and Respondent, Defendant(s) : ........................ Superior Court No. NOTICE OF APPEAL (After Plea of Guilty or Nolo Contendere, or After Probation Revocation Based on Admission) ______________________ v. THE PEOPLE OF THE STATE OF NEW YORK TO Defendant and Appellant. The defendant GREETINGS: appeals from the judgment of this court entered WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (DATE OF SENTENCING) , the Honorable more: at the Court Check one or located at County of 1. q This appeal is based onthe sentence or other matters,occurring at in room , on the day of 20 , after the plea. o'clock in the noon, and at any recessed or adjourned date, to testify and give motion to suppress evidence action on the part of the 2. q This appeal is based on the denial of a evidence as a witness in thisunder Penal Code section 1538.5. 3. ____________________________________________________ . q This Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Date: ___________________________ SIGNATURE OF DEFENDANT OR TRIAL COUNSEL appeal challenges the validity of the plea. (A WRITTEN REQUEST FOR CERTIFICATE OF PROBABLE CAUSE, SIGNED UNDER PENALTY OF PERJURY, MUST BE FILED WITH THE TRIAL JUDGE IF THIS BOX IS CHECKED. IT MUST SHOW WHY YOU THINK THE PLEA WAS NOT OBTAINED LEGALLY. PLEASE SEE THE ATTACHED FORM.) Witness, Honorable (PAGE 1 OFCourt in SURE THE ATTACHED BACKGROUND INFORMATION FORM IS FILLED OUT. 4) PLEASE BE County, day of , 20 , one of the Justices of the MOTION FOR APPOINTMENT OF COUNSEL ON APPEAL I request the Court of Appeal to appoint an attorney to represent me in this appeal. I cannot afford to hire an attorney. This is (Attorney must sign above and type name below) a complete list of my property and income: Attorney(s) for I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: _________________________ My trial attorney was: Signature: Office and P.O. Address DEFENDANT AND APPELLANT q A Public Defender/Court-Appointed Attorney q An Attorney Paid by Myself q Other (Rev. 07/01/2003) Telephone No.: Facsimile No.: E-Mail Address: NOTICE OF APPEAL Mobile Tel. No.: Page one of four RI-AP08 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : REQUEST FOR CERTIFICATE OF PROBABLE CAUSE Index No. : (This request must be completed, signed, and filed with the trial judge ifNo. 3 Calendar Box on the Notice of Appeal is checked.) JUDICIAL SUBPOENA I request a certificate of probable cause. The plea of guilty or nolo contendere, or the admission of a probation violation, Plaintiff(s) was illegal because: -against: : : Defendant(s) : ...................................................... : THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the I declare under penalty of perjury under the laws of the State of California that this statement is true. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ______________________________________ result of your failure to comply. Signature: DEFENDANT OR TRIAL COUNSEL DATE Witness, Honorable Court in County, totally frivolous. (Penal the Code section 1237.5; defendant's motion 63, improperly denied issue. (People v. to withdraw fn 4). POINTS AND AUTHORITIES , one of the Justices of the challenging the plea is not day of 4 Cal.3d 55.) , 20 issued by the trial court which certifies that at least one contention A common example of a contention which challenges the plea is that the trial court difference of opinion about the v. there is an honest A certificate of probable cause is a document People v. Ribero (1971) his plea. The trial judge should issue the certificate wherever the certificate does not mean the Ribero, supra, p. Signing sign above trial (Attorney mustthe contention court believes and type namemeritorious. below) is "probably" (People Ribero, supra.) The request for certificate of probable cause is GRANTED. Attorney(s) for Office and P.O. Address ______________________________________ HONORABLE Telephone No.: , JUDGE Facsimile No.: E-Mail Address: NOTICE OF APPEAL Mobile Tel. No.: DATE Page two of four American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : BACKGROUND INFORMATION Index No. Calendar No. : Plaintiff(s) : : Name ______________________________________________________________ Date of Birth ________________ Jail Booking No. ____________________________________________ State Prison Inmate No.*_____________________ JUDICIAL SUBPOENA Phone: -againstPresent Address* Family member or friend who will always know defendant's address: Name: ____________________________________________ : __________ _______________________________________