People v. Thomas CA3

DISCUSSION

I Defendant contends his three prior criminal adjudications in juvenile court do not constitutionally qualify as prior convictions for purposes of sentencing under the three strikes law, because they were obtained without the right to a jury trial. He acknowledges that the California Supreme Court, in Nguyen, supra, 46 Cal.4th 1007, held to the contrary, but he says he is making an argument not discussed in Nguyen: that the meaning of the Sixth Amendment exception for prior convictions must be determined by ascertaining what it would have meant to the framers of the Bill of Rights. Ultimately, however, defendant’s contention is a challenge to the validity of his plea, requiring a certificate of probable cause. Section 1237.5 provides, “[n]o appeal shall be taken by the defendant from a judgment of conviction upon a plea of guilty or nolo contendere . . . except where both of the following are met: [¶] (a) 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. [¶] (b) The trial court has executed and filed a…