Jones

Under California Rules of Court, rule 31(d), an appeal taken from a conviction obtained by plea of guilty or nolo contendere is “operative” without issuance of a certificate of probable cause (Pen. Code, § 1237.5) only if the notice of appeal states the appeal is based on either of two broad categories of grounds not requiring a certificate: those involving postplea proceedings and not challenging the validity of the plea, or those involving the validity of a search or seizure previously challenged under section 1538.5 (sometimes collectively referred to here as “noncertificate” grounds). The question presented here is whether, in such an appeal, rule 31(d) restricts the cognizable issues to the particular noncertificate grounds specified in the notice of appeal.

After examining the language and history of rule 31(d), we conclude the rule does not govern the cognizability of noncertificate issues, but, rather, determines only when a noncertificate appeal may proceed. Where, as here, an appellant has in fact complied with rule 31(d) in his notice of appeal, the rule does not restrict the cognizability on appeal of additional, unspecified noncertificate issues or…