Davis

This proceeding involves a problem of judicial housekeeping, brought about by: (1) the fact that section 1237.5 of the Penal Code appears to abolish all appeals in criminal eases where the defendant has pleaded guilty or nolo contendere, unless the trial court executes and files a certificate of probable cause; (2) the Judicial Council’s literal interpretation of section 1237.5 in rule 31(d) of the California Rules of Court; and (3) the Supreme Court’s different reading of the section in People v. Ward, 66 Cal.2d 571 [ 58 Cal.Rptr. 313 , 426 P.2d 881 ].

In the respondent court petitioner was charged with robbery and murder. After first pleading not guilty, he eventually withdrew that plea and pleaded guilty to murder in the first degree. The court stated that the death sentence would not be imposed. Judgment on the murder count was rendered on November 18, 1968. The penalty was fixed at life imprisonment. The robbery count was dismissed.

On November 25 petitioner attempted to file a “Notice Of Appeal And In [sic] Application For Certificate Of Probable Cause.” In the verified application petitioner complained of ineffective representation by counsel, insufficient investigation…