People v. Velasquez

96 Cal.Rptr.2d 914 (2000) 81 Cal.App.4th 671 The PEOPLE, Plaintiff and Respondent,

v.

William J. VELASQUEZ, Defendant and Appellant.

No. B135939. Court of Appeal, Second District, Division Six.

June 14, 2000. Rehearing Granted July 12, 2000[*]. Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, John R. Gorey, Supervising Deputy Attorney General, Hye Y. Yang, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, P.J.

When does the superior court do unnecessary work? When it prepares a full record in response to a notice of appeal after a guilty plea without a certificate of probable cause.

Appellant failed to comply with Penal Code section 1237.5 and California Rules [915] of Court, rule 31(d).[1] We therefore dismiss his appeal.

Procedural History

Defendant William J. Velasquez entered a plea of guilty to a violation of section 289, subdivision (a), forcible genital penetration by foreign object. There was no agreement as to sentence. He received the middle term of six years in state prison.

Velasquez filed a notice of appeal from his "conviction and sentencing." The notice of appeal did not state it was based solely upon grounds occurring after the entry of plea or involving the denial of a motion to suppress brought pursuant to section 1538.5. Velasquez did not file a written statement, executed under oath or penalty of perjury, showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings. Nor did he obtain a certificate of probable cause for the appeal from the trial court.

Nevertheless, the superior court clerk's office went to needless effort. It prepared a complete clerk's transcript and ordered four different court reporters to prepare a transcript. The court certified the record of more than 300 pages and transmitted it to this court.