Does a defendant have to comply with section 1237.5 of the Criminal Code by obtaining a certificate of probable cause from the trial court?

California, United States of America


The following excerpt is from People v. Demerson, B270431 (Cal. App. 2016):

No appeal lies to challenge the validity of a guilty plea unless a defendant has complied with section 1237.5 by obtaining a certificate of probable cause from the trial court. (People v. Mendez (1999) 19 Cal.4th 1084, 1088.) A defendant may, however, obtain review on appeal of so-called "noncertificate" issues2 if the notice of appeal states such grounds. (Ibid.) Here, appellant does not challenge the validity of his plea. Instead, his notice of appeal indicates that his appeal is based on the sentence or other matters after the plea that do not affect the validity of the plea. He did not, however, identify any noncertificate grounds in his notice of appeal nor submit a brief or letter advancing any such grounds. Further, our own review has not identified any noncertificate issue warranting appellate review. Accordingly, the judgment is affirmed.

The judgment is affirmed.

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