First, thank you for reading - Darren Chaker. Second, and most importantly, in People v. Maultsby --- P.3d ----12 Cal. Daily Op. Serv.
238, 2012 WL 19370, the California Supreme Court found Penal Code section
1237.5 is inapplicable where appellant is convicted by trial of the substantive
offense but has admitted a prior conviction and appeals. Appellant was
convicted by a jury of felony petty theft. In a bifurcated proceeding,
appellant admitted a "strike" and several prior convictions for
theft. Without obtaining a certificate of probable cause, he appealed,
contending he had not been properly advised before he entered his admissions.
The appellate court dismissed the appeal, holding a certificate of probable
cause was required to raise the issue. The Supreme Court reversed, disapproving
People v. Fulton (2009) 179 Cal.App.4th 1230. Applying rules of statutory
construction to Penal Code section 1237.5, the Court concluded that Penal Code
section 1237, subdivision (a), not section 1237.5, applies where a defendant
does not plead guilty or no contest. Furthermore, requiring appellant to obtain
a certificate of probable cause to contest the "strikes" admission
would not promote judicial economy, that being the underlying purpose of
section 1237.5, because with the jury trial conviction, a defendant has the
right to pursue an appeal without limitation.
© 2011 Darren Chaker. All Rights Reserved.
