Haines

Defendant appeals from his conviction for two counts of violation of Penal Code section 459, burglary, following his plea of guilty. The plea was entered after the court denied defendant’s motion to suppress evidence, the propriety of which ruling is challenged on appeal. He also contends that his confession was obtained in vio lation of Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ], and should not have been admitted in evidence. For reasons which we explain hereafter, only the search and seizure issué will be addressed by this court.

The record does not reflect that any certificate of probable cause was filed herein. Rule 31(d) of the California Rules of Court prohibits the taking of an appeal from a judgment of conviction entered upon a plea of guilty, unless a certificate of probable cause has been obtained and filed pursuant to Penal Code section 1237.5, except that an appeal may be taken which challenges the ruling on a search and seizure issue raised pursuant to Penal Code section 1538.5. No certificate of probable cause having been filed herein, only appellant’s contentions with respect to the section 1538.5 search and…