Sabados

This is an appeal from the denial of appellant’s motion to suppress evidence and from the judgment of conviction which followed his guilty plea to first degree murder (Pen. Code, § 187). The murder was committed in the course of a robbery and burglary during which the victim died of a heart attack. Appellant did not obtain a certificate of probable cause from the trial court pursuant to Penal Code section 1237.5.

At the time of sentencing, appellant attempted to withdraw his plea of guilty. He argued that he committed a burglary, not a murder, and that he pled guilty solely because his attorney said he would undoubtedly be convicted because of incriminating statements he had made. Appellant claimed such statements were the product of the investigating officers’ deception and devious conduct. The trial court concluded that it was bound by the felony-murder rule and denied the motion to set aside the plea; it characterized appellant’s trial counsel as a “very experienced and competent attorney.”

The trial court found appellant ineligible for commitment to the California Youth Authority stating that it would not wish to give appellant that option if it were available. The…