People v. Davis

CHRISTIAN, J.

The People move to dismiss this appeal for failure of the appellant to comply with the requirement of Penal Code section 1237.5, that he obtain a certificate of probable cause in order to perfect an appeal after a plea of guilty.

Appellant and two codefendants were charged by information with kidnaping for the purpose of robbery, violation of Penal Code section 209, and robbery, violation of Penal Code section 211. All defendants pleaded not guilty. No defendant moved for separate trial; joint trial of all three defendants commenced on September 10,1965.

The signed confessions of both of appellant’s eodefendants were proved; each clearly implicated appellant as a participant in the robbery. These confessions were received in evidence with an admonition to the jury that they were not to be considered as against appellant. This occurred before the California Supreme Court, in

People

v.

Aranda

(1965) 63 Cal.2d 518 [47 Cal.Rptr. 353, 407 P.2d 265], ruled that this “practice is prejudicial and unfair to the . . . defendant and must be altered.” (63 Cal.2d at 530.) However, in

People

v.

Charles

(1967) 66 Cal.2d 330 [57 Cal.Rptr. 745, 425 P.2d 545], the court held that the

Aranda

rule should be applied to cases still pending on direct review. (66 Cal.2d at 334.)

After the confessions had been proved, all three defendants changed their pleas to guilty as to the robbery count of the information. The first count, charging kidnaping for the purpose of robbery, was dismissed. Judgment was entered against this appellant on November 24, 1965. Appellant, who with the other defendants had been jointly represented by a deputy public defender throughout the proceedings in the trial court, prepared and filed a notice of appeal in propria persona. The notice of appeal would have been timely and effective but for the provisions of Penal Code section 1237.5,

1

which took effect on September 17, 1965. (Also see Cal. Rules of Court, rule 31(d).) The statute is applicable in all eases in which judg