Velasquez

When does the superior court do unnecessary work? When it prepares a full record in response to a notice of appeal after a guilty plea without a certificate of probable cause.

Appellant failed to comply with Penal Code section 1237.5 and California Rules of Court, rule 31(d). [1] We therefore dismiss his appeal.

Defendant William J. Velasquez entered a plea of guilty to a violation of section 289, subdivision (a), forcible genital penetration by foreign object. There was no agreement as to sentence. He received the middle term of six years in state prison.

Velasquez filed a notice of appeal from his "conviction and sentencing." The notice of appeal did not state it was based solely upon grounds occurring after the entry of plea or involving the denial of a motion to suppress brought pursuant to section 1538.5. Velasquez did not file a written statement, executed under oath or penalty of perjury, showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings. Nor did he obtain a certificate of probable cause for the appeal from the trial court.

Nevertheless, the superior court clerk's office went to needless effort.…