Can a defendant manipulate the rule of rule 31(d) to bypass the statutory certificate requirement under section 1237.5 of the Criminal Code?

Rule 31(d) has two paragraphs. As we recently explained, the first paragraph implements section 1237.5's certificate requirement by "limit[ing] the time for the defendant to file the required statement of grounds, provid[ing] the statement may serve as the notice of appeal, and stat[ing] the appeal 'shall not be operative' unless the trial court executes and files the certificate of probable cause." ⁴ (People v. Jones, supra, [913 P.2d 1065] 10 Cal.4th at p. 1106, 43 Cal.Rptr.2d 464, 898 P.2d 910.) The second paragraph implements rules governing those appeals that are not subject to section 1237.5's certificate requirement, i.e., appeals raising solely search and seizure or post-plea issues. ⁵ While the two paragraphs of rule 31(d) set forth different procedures for making an appeal operative, a defendant cannot manipulate the rule to bypass the statutory certificate requirement. Consequently, "[a]lthough an appeal purporting to rest solely on noncertificate grounds may be operative under rule 31(d), [second paragraph,] and may therefore result in preparation of a record and briefing, section 1237.5 does not allow the reviewing court to hear the merits of issues going to the

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