Charles

This is an appeal from a judgment of conviction entered after appellant pled guilty to numerous criminal offenses.

Background

The victim of the crimes was a 70-year-old widow who lived alone in East Oakland, California. The crimes were perpetrated in the late evening hours of May 17, 1981. The victim, lying in bed and ready to sleep, heard the crashing noise of the front door glass breaking. When she got out of the bed to investigate, she was met by two intruders who gained entry into the house by kicking open the door. One of them was appellant, the other Vernell Owens, his codefendant.

Owens, who was wearing brass knuckles, demanded money from the elderly lady. When she answered that all the money she collected had been *556 given to charities, Owens hit her in the head, knocked her on the floor and stepped on her hand and feet.

While Owens searched the house looking for money, appellant dragged the victim to the bed and threatened, “I’m not through yet” and “I have got to have a taste of this white bitch.” He ordered the victim to undress and put up her legs, and then appellant raped her. Thereupon he knifed her in the hand and abdomen, tied her neck, wrists and…

I concur in the judgment.

Appellant’s opening brief states “. . . appellant pleaded guilty and waived his 1538.5 rights. (R.T.C.O.P. 34 et seq.)” The record designated, 1 in my *565 view, repudiates in material part appellate counsel’s assessment of its content. Appellant did plead “guilty” to all crimes charged and “no contest” to alleged enhancements. And the court did accept the “pleas” obviously contemplating execution of the indicated' sentence bargain (12 years state *566 prison) it struck with appellant’s counsel during recess. However, the record is devoid of any specific and express showing that (1) appellant *567 possessed a full understanding of his statutorily afforded right of appeal (Pen. Code, § 1538.5, subd. (m)) and (2) that appellant prior to pleading *568 guilty freely, voluntarily, knowingly and expressly waived the said right. The absence of any showing on the face of the record of advice and waiver prior to appellant’s pleas confessing guilt, compels, I would think, a determination at law that appellant did not knowingly and intelligently waive his right to receive appellate review of adverse pretrial rulings as regards search and seizures issues incident to…

This is an appeal from a judgment of conviction entered after appellant pled guilty to numerous criminal offenses.

The victim of the crimes was a 70-year-old widow who lived alone in East Oakland, California. The crimes were perpetrated in the late evening hours of May 17, 1981. The victim, lying in bed and ready to sleep, heard the crashing noise of the front door glass breaking. When she got out of the bed to investigate, she was met by two intruders who gained entry into the house by kicking open the door. One of them was appellant, the other Vernell Owens, his codefendant.

Owens, who was wearing brass knuckles, demanded money from the elderly lady. When she answered that all the money she collected had been given to charities, Owens hit her in the head, knocked her on the floor and stepped on her hand and feet.

While Owens searched the house looking for money, appellant dragged the victim to the bed and threatened, "I'm not through yet" and "I have got to have a taste of this white bitch." He ordered the victim to undress and put up her legs, and then appellant raped her. Thereupon he knifed her in the hand and abdomen, tied her neck, wrists and…