Phillips v. Super. Ct.
On December 13, 2000, Lawrence Phillips (Phillips) pled no contest to inflicting corporal injury upon a cohabitant and making criminal threats in superior court case No. SA039108. On August 23, 2005, Phillips was charged in superior court case No. BA289039 with seven counts of assault with a deadly weapon or by means of force likely to produce great bodily injury. In an effort to avoid use of the SA039108 convictions to impeach him in case No. BA289039, and to preclude use of the prior conviction of making criminal threats to sentence him pursuant to the Three Strikes law, on April 9, 2007, Phillips filed in case No. SA039108 a motion requesting the trial court to vacate the judgment, to allow him to withdraw his plea or, in the alternative, to issue a writ of error coram nobis. Phillips asserted the plea in case No. SA039108 had been coerced. On April 24, 2007, the trial court denied the motion. Phillips filed a notice of appeal from the trial courts order and sought a certificate of probable cause, which the trial court declined to issue. Phillips now seeks a writ of mandate directing the trial court to issue a certificate of probable cause.
Court conclude, since Phillips is appealing, not from a final judgment of conviction following entry of a plea (Pen. Code, 1237.5),but from an order made after judgment affecting his substantial rights ( 1237, subd. (b)), no certificate of probable cause is required. Accordingly, Court deny the petition for writ of mandate.