Caban

Appeal from a judgment of conviction entered upon a plea of guilty. Notice of appeal was initially filed in accordance with California Rules of Court, rule 31(d)(1) challenging events occurring after entry of the plea. Defendant was granted relief by this court from the requirement of obtaining a certificate of probable cause (Pen. Code, § 1237.5), allowing him to challenge the legality of the proceedings resulting in his plea.

Facts

Defendant Wilfredo Caban was charged in a two-count information with burglary (§ 459), robbery (§ 211), and with personally using a firearm during the commission of these offenses. (§ 12022.5.) After initially entering a plea of not guilty, defendant subsequently changed his plea to guilty to the robbery count, and admitted the gun use allegation.

At the change of plea hearing on August 31, 1981, defendant gave informed waivers of his constitutional rights to a jury trial, to confront and cross-examine witnesses against him, and to his right not to incriminate himself. Defendant was further informed that the maximum combined prison term for the robbery charge and gun use admission was seven years. He was told he could make application for…