Can a defendant appeal against his conviction for a charge of possession of a firearm without obtaining a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Netto, G041647 (Cal. App. 9/18/2009), G041647 (Cal. App. 2009):

These arguments are unavailing. "It has long been established that issues going to the validity of a plea require compliance with section 1237.5. [Citation.] (People v. Panizzon, supra, 13 Cal.4th at p. 76.) Consequently, "irregularities which could be cured, or which would not preclude subsequent proceedings to establish guilt, are waived and may not be asserted on appeal after a guilty plea. [Citation.]" (People v. Turner (1985) 171 Cal.App.3d 116, 126.) Also, an insufficiency-of-the-evidence claim "is not cognizable on appeal, with or without a certificate of probable cause" because "[a] guilty plea `"concedes that the prosecution possesses legally admissible evidence sufficient to prove defendant's guilt beyond a reasonable doubt." [Citation.]'" (People v. Thurman (2007) 157 Cal.App.4th 36, 43.)

But "[n]otwithstanding the broad language of section 1237.5, it is settled that two types of issues may be raised in a guilty . . . plea appeal without issuance of a certificate: (1) search and seizure issues . . .; and (2) issues regarding proceedings held subsequent to the plea for the purpose of determining the degree of the crime and the penalty to be imposed. [Citations.]" (People v. Panizzon, supra, 13 Cal.4th at pp. 74-75.) The present case does not present any issues concerning Fourth Amendment violations. However, defendant's letter brief does challenge the length of his prison sentence describing it as "too much time" and "utterly outrag[e]ous."

Other Questions


Is there any case law where a defendant has been convicted of possession of a firearm without a certificate of probable cause? (California, United States of America)
Does a defendant in a criminal case who plead guilty and take an appeal from the resulting conviction need to seek and obtain a certificate of probable cause from the trial court to proceed with the appeal? (California, United States of America)
Can a defendant who pleads guilty to a charge of assault obtain a certificate of probable cause to appeal the conviction? (California, United States of America)
Can a defendant appeal a sentence under Blakely without preserving the issue and obtaining a certificate of probable cause? (California, United States of America)
Does Defendant have to obtain a certificate of probable cause to appeal against a charge of assault? (California, United States of America)
In what circumstances will a defendant be able to appeal against his conviction for the murder of an elderly woman who was found guilty of murder by reason that he failed to obtain a certificate of probable cause? (California, United States of America)
Does a defendant need to obtain a certificate of probable cause from the trial court before appealing a conviction from a guilty plea? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to appeal from a judgment of conviction upon a plea of no contest? (California, United States of America)
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.