McNight

Maceio McNight appeals from the judgment entered after his plea of guilty. Appellant contends that (1) this appeal is not subject to the requirement of a probable cause certificate pursuant to Penal Code section 1237.5; (2) appellant was denied effective assistance of counsel at sentencing because his counsel failed to urge mitigating circumstances; and (3) the trial court erred in failing to consider mitigating circumstances before sentencing. We do not agree that appellant is exempt from the requirement of a certificate of probable cause, and we dismiss the appeal. As a result, we do not reach the issues concerning effective assistance of counsel and mitigating circumstances.

Facts

In information No. 104986, filed in the superior court on April 27, 1981, appellant was charged in counts I through V, relating to the victim S., with assault with intent to commit rape (§ 220), two counts of rape (§ 261, subd. (3)), assault with force likely to produce great bodily injury (§ 245, subd. (a)), and false imprisonment (§ 236). He was charged in counts VI through XI, relating to the victim K., with kidnaping (§ 207), robbery (§ 211), two counts of rape (§ 261, subd. (2)), oral…