People v. Geitner

• Decision Date: 23 December 1982
• Citation: 139 Cal.App.3d 252,188 Cal.Rptr. 486
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. Joseph GEITNER, Defendant and Appellant. A017629.

Page 486

188 Cal.Rptr. 486

139 Cal.App.3d 252

The PEOPLE, Plaintiff and Respondent, v. Joseph GEITNER, Defendant and Appellant.

A017629.

Court of Appeal, First District, Division 4, California.

Dec. 23, 1982.

Thomas W. Perley, Berkeley, for defendant and appellant.

George Deukmejian, Atty. Gen., Robert H. Philibosian, Chief Asst. Atty. Gen., Crim. Div., William D. Stein, Asst. Atty. Gen., Ann K. Jensen, Herbert F. Wilkinson, Deputy Attys. Gen., San Francisco, for plaintiff and respondent.

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)).

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, 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." (People v. Browning, supra, 79 Cal.App.3d 320, 323, 145 Cal.Rptr. 45.)

In People v. Brigham (1979) 25 Cal.3d 283, 157 Cal.Rptr. 905, 599 P.2d 100, the Supreme Court placed limits upon the authority of an appellate court to dispose of criminal appeals summarily. Brigham held that an appellate court "acted outside of its authority when it summarily affirmed appellant's conviction without holding oral argument." (25 Cal.3d at p. 289, 157 Cal.Rptr. 905, 599 P.2d 100.) The court distinguished Browning on the ground that the appellate panel there had heard arguments on the motion before summarily reversing the judgment. Brigham does not bar this court from entertaining the instant motion for summary reversal; consistent with Brigham and Browning we have accorded to the parties an opportunity for oral argument on the merits.

Summary reversal here would serve the goals identified in Browning. Obviously this procedure would effect a more "speedy determination" of Geitner's appeal. Moreover, a decision of the Supreme Court is closely on point and requires reversal here. In People v. DeVaughn, supra, 18 Cal.3d 889, 135 Cal.Rptr. 786, 558 P.2d 872, defendants pled guilty to burglary only after the trial court assured them that its issuance of a certificate of probable cause would permit them to appeal its denial of their motions to exclude their statements to the police. The Supreme Court held that the issuance of a certificate "does not operate to expand the grounds upon which an appeal may be taken." (People v. DeVaughn, supra, 18 Cal.3d 889, 896, 135 Cal.Rptr. 786, 558 P.2d 872; see also People v. Kaanehe (1977) 19 Cal.3d 1, 9, 136 Cal.Rptr. 409, 559 P.2d 1028.) As defendant's objections related to the determination of their guilt, rather than the jurisdiction of the court to try them, the issue was not preserved under Penal Code section 1237.5. The court's misstatement concerning the appellate process, however, did affect the legality of the proceedings and consequently were reviewable. "We hold, however, that the errors in failing to suppress the extrajudicial statements are not cognizable on appeal after...