Breckenridge

*1098 Opinion

Statement of the Case

Defendant Patrick Breckenridge appeals from a judgment entered after he pled guilty to lewd conduct with a child and admitted a 1976 prior serious felony conviction for a similar offense. (Pen. Code, §§ 288, subd. (a), 667, subd. (a), and 1237.5.) He received a six-year term for the lewd conduct and a five-year enhancement for the prior serious felony conviction. He seeks reversal of the enhancement, claiming that his admission of the prior was invalid due to an inadequate advisement of rights. 1 (See In re Yurko (1974) 10 Cal.3d 857, 863 [ 112 Cal.Rptr. 513 , 519 P.2d 561 ].) We dismiss the appeal for failure to comply with section 1237.5.

Defendant also filed a petition for a writ of habeas corpus, in which he again challenges the enhancement. Here, he claims he received ineffective assistance of counsel because his attorney did not move to strike the prior serious felony allegation and such a motion would have been granted. We find no merit to this claim and deny the petition.

The Appeal

The People contend that defendant’s appeal should be dismissed because he did not comply with the provisions of section 1237.5 applicable at the time he…