Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea?
California, United States of America
The following excerpt is from People v. West, B275746 (Cal. App. 2017):
A criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause can only challenge the denial of a motion to suppress or raise issues arising after the entry of the plea that do not affect the validity of the plea. (Pen. Code, 1237.5; Cal. Rules of Court, rule 8.304(b)(1); see People v. Mashburn (2013) 222 Cal.App.4th 937, 941 ["'[t]he requirements of section 1237.5 . . . must be strictly applied,'" and the "'Supreme Court has disapproved the practice
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of applying the rule loosely in order to reach issues whose consideration would otherwise be precluded'"].)
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