Wakefield

Defendant Johnnie R. Wakefield (Wakefield) was charged by information, following his preliminary examination before a magistrate, with second degree burglary, and that he had four times been convicted of unrelated felonies (three for burglary and one for grand theft) for which he had served prison terms. In the superior court he made a Hitch (People v. Hitch (1974) 12 Cal.3d 641 [ 117 Cal.Rptr. 9 , 527 P.2d 361 ]) motion which was denied. As part of a plea bargain he thereupon pleaded guilty to second degree burglary and admitted one prior felony conviction and prison term. Having been unable to obtain a certificate of probable cause, he nonetheless appeals from the judgment which was entered on his guilty plea and admission.

We shall dismiss the appeal for the reasons we now state.

We consider the appealability of the judgment from which Wakefield purports to appeal.

Hitch ( 12 Cal.3d at p. 645 ) reiterated the rule that “the intentional suppression of material evidence favorable to a defendant. . . , irrespective of the good faith or bad faith of the prosecution,” is a violation of due process as guaranteed by the Fifth Amendment.

But answering the complaint of an…