Patterson

Pursuant to a plea bargain, defendant Samuel Patterson on August 21, 1981, pleaded guilty to one count of assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)). Other charges of infliction of corporal punishment and traumatic injury on a child (§ 273d) and infliction of unjustifiable pain and mental suffering on a child under circumstances likely to cause great bodily harm and death (§ 273a, subd. (1)) were dismissed, as were enhancements charging great bodily injury (§ 12022.7).

Five weeks later, on September 28, 1981, defendant orally requested to withdraw his guilty plea. The trial court denied this motion on November 2, 1981. Appellant was sentenced to state prison pursuant to the plea bargain for the upper term of four years.

This appeal is from the judgment of conviction. The notice of appeal filed by defendant in propria persona states that it is for “sentencing only” pursuant to California Rules of Court, rule 31(d). No certificate of probable cause (§ 1237.5) was obtained. The record fails to show that defendant even sought such certificate.

Despite the notice of appeal limiting issues to be…