Maultsby

Under Penal Code section 1237.5, a defendant who pleads guilty or nolo contendere generally may not appeal his felony conviction without obtaining a certificate of probable cause. In this case, defendant was convicted by a jury of a petty theft offense, but admitted a prior felony conviction. He appealed only his admission of the prior conviction. We must determine whether section 1237.5 applies under these circumstances. Relying on its recent decision in People v. Fulton (2009) 179 Cal.App.4th 1230, 1237 [ 102 Cal.Rptr.3d 229 ] (Fulton), the Court of Appeal here concluded that “ ‘section 1237.5 applies to an enhancement allegation to which a defendant has entered a plea.’ ”

Based on the reasons set forth below, we conclude that the provision is inapplicable here. We reverse the judgment of the Court of Appeal and also disapprove People v. Fulton, supra, 179 Cal.App.4th 1230 .

Factual and Procedural Background

On July 22, 2008, a jury convicted defendant William Frederick Maultsby of petty theft. Before trial, defendant admitted a prior felony conviction for robbery in 1991—considered a strike under the “Three Strikes” law—and admitted several prior convictions for…