Can a defendant appeal from a judgment of conviction after a plea of no contest or guilty?

California, United States of America


The following excerpt is from People v. Johnson, A151959 (Cal. App. 2018):

Section 1237.5 generally precludes an appeal from a judgment of conviction after a plea of no contest or guilty unless the defendant has applied for, and the trial court has granted, a certificate of probable cause. There are two exceptions: (1) a challenge to a search and seizure ruling, as to which an appeal is proper under section 1538.5, subdivision (m); and (2) post-plea sentencing issues. (See People v. Shelton (2006) 37 Cal.4th 759, 766; see also People v. Buttram (2003) 30 Cal.4th 773, 780.) Defendant did not make a suppression motion. Defendant did, however, apply for a certificate of probable cause with respect to the denial of his motion to withdraw his plea, which the trial court granted.

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