P. v. Trautloff
Pursuant to a plea bargain, defendant John Henry Trautloff pled guilty to count 2, driving with .08 percent or more, by weight, of alcohol in his blood, with a prior felony manslaughter conviction (Veh. Code, 23152, subd. (b), 23550.5, subd. (a)(3)), and admitted a prior strike allegation. This offense was committed on February 21, 2006. In exchange, count 1, driving under the influence (DUI) of alcohol with a prior felony manslaughter conviction (Pen. Code, 23152, subd. (a), 23550.5, subd. (a)(3)), and three special allegations charged under count 2 were dismissed. Defendant was sentenced to six years in state prison. His sole contention on appeal is that defense counsel rendered ineffective assistance of counsel. The People contend the appeal should be dismissed because it challenges matters admitted by his guilty plea and defendant failed to obtain a certificate of probable cause. Court conclude that defendants ineffective assistance of counsel claim goes to the issue of his guilt of the offense to which he pled guilty; therefore, his claim would not be cognizable on appeal even if he had obtained a certificate of probable cause. Court therefore dismiss the appeal.
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