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

California, United States of America


The following excerpt is from People v. Ceja, B231209 (Cal. App. 2012):

On November 7, 2011, appellant filed a handwritten supplemental brief, asserting what we interpret to be a challenge to his admission of a prior felony strike he incurred in federal court. Appellant's admission of that strike was part and parcel of his plea agreement. Hence, his claim on appeal amounts to a challenge to the plea agreement. Section 1237.5 states the general rule that a defendant can appeal from a judgment of conviction upon a plea of guilty or no contest only if the defendant files a statement under oath showing reasonable grounds going to the legality of the proceedings, and the trial court executes and files a certificate of probable cause for the appeal. (People v. Lloyd (1998) 17 Cal.4th 658, 663.) No certificate of probable cause was obtained here, rendering the issue he raises not cognizable on this appeal.

We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

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