Can a defendant appeal from a judgment entered on a guilty plea?

California, United States of America


The following excerpt is from People v. Cole, A149226 (Cal. App. 2017):

Cole properly appeals only those issues arising after his plea. Absent a certificate of probable cause, an appeal by a defendant from a judgment entered on a guilty plea may only raise issues falling within two "noncertificate" categories, namely, "issues relating to the validity of a search and seizure . . . and 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. Buttram (2003) 30 Cal.4th 773, 780, 776.) There are no such issues that require further briefing.

The judgment is affirmed.

Page 3

/s/_________
Siggins, J.

We concur:

/s/_________
McGuiness, P.J.

/s/_________
Pollak, J.

Footnotes:

1. Further statutory references are to the Penal Code unless otherwise designated.

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