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

California, United States of America


The following excerpt is from People v. Lopez-Valencia, E066598 (Cal. App. 2017):

defendant may not appeal from a judgment of conviction following a guilty or no contest plea, unless he files with the trial court a written, sworn statement 'showing reasonable, constitutional, jurisdictional, or other grounds going to the legality of the proceedings,' ( 1237.5, subd. (a)), and the trial court executes and files 'a certificate of probable cause for such appeal with the county clerk' ( 1237.5, subd. (b))." (People v. Cole (2001) 88 Cal.App.4th 850, 859.) The exception to section 1237.5 is that "[t]he defendant may take an appeal without a statement of certificate grounds or a certificate of probable cause if he does so solely on noncertificate grounds, which go to postplea matters not challenging his plea's validity and/or matters involving a search or seizure whose lawfulness was contested pursuant to section 1538.5." (People v. Mendez (1999) 19 Cal.4th 1084, 1096.)

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