People v. Pinon

In People v. Pinon (1979) 96 Cal.App.3d 904, the defendant had pleaded guilty to possession of a firearm by a convicted felon. (Id. at p. 907.) On appeal, he contended "that the plea was invalid because the record does not reflect a factual basis for the plea and that his prior conviction was a misdemeanor, not a felony." (Ibid.) The court in Pinon recognized the claim went "to the question of guilt or innocence" and that the issue had "been 'removed from consideration' by the guilty plea. " (Id. at p. 910.) The appellate court reasoned the issues "sought to be raised do not attack the proceedings resulting in the plea. Rather, defendant's contention that the prior conviction was a misdemeanor rather than a felony, and the related contention that counsel was incompetent, go solely and directly to the question whether he was in fact guilty of the charged offense. However, his plea of guilty 'operated to remove such issues from consideration as a plea of guilty admits all matters essential to the conviction.' Consequently, these issues are simply not cognizable on the present appeal, whether or not defendant obtained a certificate of probable cause." (Ibid.)