Filed 11/3/20 P. v. Pack CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

CHARLES RAY PACK,

Defendant and Appellant.

 B300931

 (Los Angeles County

 Super. Ct. No. LA089914)

APPEAL from an order of the Superior Court of Los 

Angeles County, Mildred Escobedo, Judge. Dismissed. 

Sarvenaz Bahar, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

________
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Charles Ray Pack appeals from an order denying his 

postjudgment motion to withdraw his plea. Because he failed to 

obtain a certificate of probable cause, the trial court’s denial of 

his motion to withdraw his plea is not appealable. Accordingly, 

we dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

On July 16, 2019, in a negotiated plea agreement, Pack 

pleaded no contest to one count of elder abuse (Pen. Code, § 368, 

subd. (b)(1)) and one count of false imprisonment by violence 

(§ 236), and he admitted the special allegation as to the elder 

abuse count that he inflicted great bodily injury (§12022.7, subd. 

(a)). Pack also admitted he suffered a prior conviction of a 

serious or violent felony, which constituted a strike within the 

meaning of the three strikes law (§§ 667, subds. (a)(1), (b)-(i), 

1170.12). As part of the negotiated plea, Pack waived his right to 

appeal his conviction and sentence. The trial court sentenced 

Pack pursuant to the terms of the plea agreement to an 

aggregate state prison term of 12 years four months.

On July 23, 2019 Pack, represented by counsel, moved to 

withdraw his plea. Pack asserted his medication for back pain 

and his mental condition impaired his judgment and prevented 

him from understanding the nature and consequences of his plea. 

In addition, Pack believed he “was rushed” to decide whether to 

enter a plea or go to trial after the trial court denied his motion to 

represent himself pursuant to Faretta v. California (1975) 

422 U.S. 806 and his motion for a continuance to retain private 

counsel. Following a hearing, the court denied Pack’s motion to 

withdraw the plea.
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Pack filed a timely notice of appeal from the judgment of 

conviction and checked the preprinted box stating, “This appeal is 

after the court denied defendant’s motion to withdraw his plea.” 

Pack did not obtain a certificate of probable cause. 

DISCUSSION

We appointed counsel to represent Pack on appeal. After 

examination of the record, counsel filed an opening brief in which 

no issues were raised. Appellate counsel advised Pack he could 

submit a supplemental brief raising any contentions or issues he 

wished us to consider. On August 7, 2020 we received a two-page 

handwritten response with an attached investigation report 

summarizing the investigator’s April 10, 2019 interview of the 

victim. Pack argued the evidence was not sufficient to support 

his conviction, he was prescribed psychotropic medication in 

custody that had adverse side effects, and the trial court 

improperly denied his motion for a continuance to retain private 

counsel. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284; 

People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende

(1979) 25 Cal.3d 436, 441-442.)

“Penal Code section 1237.5 provides that a defendant may 

not appeal ‘from a judgment of conviction upon a plea of guilty or 

nolo contendere’ unless the defendant has applied to the trial 

court for, and the trial court has executed and filed, ‘a certificate 

of probable cause for such appeal.’” (People v. Shelton (2006) 

37 Cal.4th 759, 766.) An exception to the requirement for a 

certificate of probable cause applies where a defendant appeals 

from a ruling involving a search and seizure issue or where the 

defendant raises a postplea claim that does not challenge the 
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validity of the plea. (People v. Johnson (2009) 47 Cal.4th 668, 677 

[defendant must obtain a certificate of probable cause to appeal 

denial of a motion to withdraw a guilty or no contest plea]; People 

v. Cuevas (2008) 44 Cal.4th 374, 379 [“Exempt from this 

certificate requirement are postplea claims, including sentencing 

issues, that do not challenge the validity of the plea.”]; People v. 

Panizzon (1996) 13 Cal.4th 68, 76.)

Pack’s appeal is an attack on the validity of the plea 

because he bargained for the specific sentence he received—an 

aggregate term of 12 years four months in state prison. He also 

specifically waived his appellate rights as part of the negotiated 

plea. Because Pack did not obtain a certificate of probable cause, 

we dismiss his appeal. (§ 1237.5; see People v. Cuevas, supra, 

44 Cal.4th at p. 377; People v. Panizzon, supra, 13 Cal.4th at

p. 73.)

DISPOSITION

The appeal is dismissed.

FEUER, J.

We concur:

PERLUSS, P. J.

SEGAL, J.