Jones

Appellant Kimberly Janice Jones entered pleas of no contest to first degree burglary (Pen. Code, § 459, count I), two counts of possession of stolen property (Pen. Code, § 496, counts II and III), being under the influence of a controlled substance (Health & Saf. *1089 Code, § 11550, count IV) and resisting arrest (Pen. Code, § 148, count V). The court accepted the pleas and sentenced appellant on all counts, with the sentences on counts II through V to run concurrently to the four-year term imposed for count I. The court later modified the sentence by staying imposition of the sentences for counts II and III, with the stays to become permanent upon completion of the term for count I.

Appellant claims on appeal that she cannot lawfully be convicted both for burglary and for receiving the property stolen during the burglary. (Pen. Code, § 496, subd. (a); People v. Jaramillo (1976) 16 Cal.3d 752, 757 [ 129 Cal.Rptr. 306 , 548 P.2d 706 ].) Respondent argues that appellant’s failure to obtain and file a certificate of probable cause, pursuant to Penal Code section 1237.5, precludes review of the judgment. We agree with respondent and we therefore order the appeal…

I respectfully dissent. The trial court herein rendered an invalid sentence. Rectifying this mistake does not affect defendant’s no contest plea. It does not impose a burden on judicial resources to correct the error, in my opinion.

The majority opinion, however, though understandably concerned about the statutory scheme of Penal Code section 1237.5, nonetheless perpetuate the mistake of the trial court by dismissing this appeal. The defendant is thus left to proceed by petition for writ of habeas corpus which will duplicate this entire appellate process.

I believe this case is amenable to the same analysis as People v. Flores * (CaLApp.).

Appellant’s petition for review by the Supreme Court was denied June 28, 1995.

Rehearing granted April 12, 1995. Opinion (H012232) filed May 22, 1995, not for publication.

BAMATTRE-MANOUKIAN, J.

Appellant Kimberly Janice Jones entered pleas of no contest to first degree burglary (Pen. Code, § 459, count I), two counts of possession of stolen property (Pen. Code, § 496, counts II and III), being under the influence of a controlled substance (Health & Saf. Code, § 11550, count IV) and resisting arrest (Pen. Code, § 148, count V). The court accepted the pleas and sentenced appellant on all counts, with the sentences on counts II through V to run concurrently to the four-year term imposed for count I. The court later modified the sentence by staying imposition of the sentences for counts II and III, with the stays to become permanent upon completion of the term for count I.

Appellant claims on appeal that she cannot lawfully be convicted both for burglary and for receiving the property stolen during the burglary. (Pen. Code, § 496, subd. (a); People v. Jaramillo (1976) 16 Cal.3d 752, 757 [ 129 Cal. Rptr. 306 , 548 P.2d 706 ].) Respondent argues that appellant's failure to obtain and file a certificate of probable cause, pursuant to Penal Code section 1237.5, precludes review of the judgment. We agree with respondent and we therefore order the…