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

California, United States of America


The following excerpt is from People v. Thomas, B231931 (Cal. App. 2012):

A defendant may not appeal from a judgment of conviction upon a plea of guilty or no contest unless the trial court has executed and filed a certificate stating there is probable cause for the appeal. ( 1237.5; Cal. Rules of Court, rule 8.304(b).) Section 1237.5 is strictly applied. (People v. Mendez (1999) 19 Cal.4th 1084, 1098.) Thus, a defendant who fails to obtain a certificate within the time allowed is not entitled to appellate review of issues that require one (certificate issue). (Id. at pp. 1088, 1097-1098.)

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