People v. Johnson

Billy Joe Johnson (defendant) appeals from his conviction of 14 counts of second degree robbery (Pen. Code, § 211) and 1 count of grand theft (Pen. Code, § 487, former subd. (3)) as to which he entered pleas of nolo contendere. Consolidated with this appeal is defendant’s petition for writ of habeas corpus.

The original notice of appeal filed on behalf of appellant by his trial attorney was defective in that it did not comply with the provisions of Penal Code section 1237.5, which provides that no appeal shall be taken from a conviction based on a plea of guilty or nolo contendere unless the defendant has filed with the trial court “a written statement, executed under oath or penalty of perjury showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings” and the trial court “has executed and filed a certificate of probable cause for such appeal with the county clerk.” (Pen. Code, § 1237.5, subds. (a), (b).) Pending before this court is a request for an order relieving appellant of his failure to have filed an effective notice of appeal and for issuance of certificate of probable cause. The motion is denied. (People v.…