People v. Geitner

Opinion

THE COURT.

*

Joseph Geitner appeals from a judgment of imprisonment rendered after he pleaded guilty to first degree burglary (Pen. Code, §§ 459, 462, subd. (a)).

[254]

Appellant pleaded guilty after the court assured appellant issuance of a certificate of probable cause would preserve for appeal any errors in its prior ruling on the voluntariness of statements appellant had made to the police. The court did issue a certificate of probable cause purporting to certify for appeal its ruling on appellant’s extrajudicial statements, But issuance of the certificate does not render reviewable an interlocutory ruling of the kind challenged here.

(See People

v.

DeVaughn

(1977) 18 Cal.3d 889 [135 Cal.Rptr. 786, 558 P.2d 872].) On that basis appellant has moved for summary reversal.

Summary determination of a criminal appeal is very rare. Nonetheless, in

People

v.

Browning

(1978) 79 Cal.App.3d 320 [145 Cal.Rptr. 45], this court heard argument on and granted a motion for summary reversal of a judgment of conviction of second degree murder.

Browning

found “per se prejudicial error” under

People

v.

Gainer

(1977) 19 Cal.3d 835 [139 Cal.Rptr. 861, 566 P.2d 997, 97 A.L.R.3d 73], in the trial court’s

“Allen

instruction” admonishing minority jurors to reconsider their position. Summary reversal, we held, would effectuate “just determination” of a matter governed by a Supreme Court ruling and “a speedy determination of the appeal.”