Can an appeal from a judgment following a guilty or no contest plea be dismissed for failure to obtain a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Shary, B275959 (Cal. App. 2017):

Moreover, absent a certificate of probable cause under section 1237.5, an appeal from a judgment following a guilty or no contest plea is limited to review of a ruling denying a motion to suppress evidence under section 1538.5, or to issues that do not challenge the validity of the plea but rather relate to subsequent hearings determining the degree of the crime or punishment imposed. (People v. Johnson (2009) 47 Cal.4th 668, 677.) We have independently reviewed the record, and neither exception applies here. Therefore, the appeal is dismissed for failure to obtain a certificate of probable cause.

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