Can a defendant withdraw her plea and appeal against a certificate of probable cause issued by the Superior Court of Appeal?

court's evidentiary ruling, she must be given the opportunity to withdraw her plea and proceed to trial. This conclusion is compelled because "a 'negotiated plea agreement is a form of contract,' it is interpreted according to general contract principles. [Citations.] Acceptance of the agreement binds the court and the parties to the agreement. [Citations.] ' "When a guilty [or nolo contendere] plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement." ' " (People v. Segura (2008) 44 Cal.4th 921, 930-931.)

In this case the parties agreed to a plea bargain that included as a material term appellate review of the trial court's evidentiary ruling, and if defendant prevailed on appeal she would be entitled to withdraw her plea and proceed to trial. Because defendant was induced to enter a plea by a misrepresentation of a fundamental nature we must reverse the judgment. (People v. De Vaughn (1977) 18 Cal.3d 889, 896.)

While the Attorney General agrees defendant must be permitted to withdraw her plea, she also suggests we must dismiss the appeal because the trial court issued a certificate of probable cause which was not based on "constitutional, jurisdictional or other grounds going to the legality of the proceedings." (Pen. Code, 1237.5, subd. (a).) However, the cases cited by the Attorney General all stand for the proposition that an appeal must be dismissed where the trial court did not issue a certificate of probable cause. (See, e.g., People v. Mendez (1999) 19 Cal.4th 1084, 1096 [appeal must be dismissed unless defendant files a statement of certificate grounds and trial court issues a certificate of probable cause].)