People v. Lee

On appeal from his conviction based upon a negotiated plea of guilty to crimes of robbery and aggravated assault, defendant claims a denial of the right of speedy trial due to prearrest delay and entitlement to good-time /work-time credit for presentence confinement. Our determination of the former claim requires reversal.

I

No Cognizable Issue on Appeal

The sole substantive challenge on appeal following defendant’s plea of guilty and filing of certificate of probable cause (Pen. Code, § 1237.5) relates to a Sixth Amendment claim of error due to a post-complaint delay of 168 days in effecting defendant’s arrest. We believe the reasoning of a recent decision of this court involving a similar challenge is apposite herein. In People v. Hayton (1979) 95 Cal.App.3d 413 [ 156 Cal.Rptr. 426 ] [hg. den. Aug. 22, 1979], a like claim of pretrial delay was analyzed as follows: “Issues cognizable on an appeal following a guilty plea are limited to issues based on ‘reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings’ resulting in the plea. (Pen. Code, § 1237.5.) The reason for this rule is that ‘a plea of guilty admits all matters…