People v. Rose

Defendant pleaded guilty to charges of kidnapping (Pen. Code, § 207) and assault by means of force likely to produce great bodily injury (Pen. Code, § 245). A third count charging violation of Penal Code, section 288a, was dismissed, request for probation was denied, and defendant was sentenced to prison. He appeals.

Judgment on a plea of guilty is not appealable on the merits. (Stephens v. Toomey, 51 Cal.2d 864, 870 [338 P.2d 182].) If a motion is made in the trial court to vacate the judgment and withdraw the plea of guilty, such motion may be treated as an application for writ of error…