Can a defendant appeal from an order of probation or judgment of conviction entered on a no contest or guilty plea?

California, United States of America


The following excerpt is from People v. Loeza, B279419 (Cal. App. 2017):

Further, in the absence of a certificate of probable cause to appeal, this appeal must be dismissed. The general rule, which is factually applicable here, is that a defendant is not entitled to appeal from an order of probation or judgment of conviction entered on a no contest or guilty plea "unless he has filed in the superior court a statement of certificate grounds, which go to the legality of the proceedings, including the validity of his plea, and has obtained from the superior court a certificate of probable cause for the appeal." (People v. Mendez (1999) 19 Cal.4th 1084, 1095.) Here, the trial court denied defendant's request for a certificate of probable cause.

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