Does a defendant have to obtain a certificate of probable cause for an appeal after a plea of guilty or nolo contendere?

There are two exceptions to the requirement for a certificate of probable cause for an appeal after a plea of guilty or nolo contendere. (People v. Brown, supra, 181 Cal.App.4th at p. 360.) The first applies where the notice of the appeal is based on the denial of a motion to suppress evidence. (Ibid.) The second exception is where the defendant is not attempting to challenge the validity of his plea, but instead asserting that errors occurred during sentencing. (Ibid.) Here, appellant is challenging the denial of a continuance of trial to allow time to retain private counsel. He asserts that the deprivation of counsel of his choice requires reversal of his plea. As his claim goes to the validity of his plea, neither of the exceptions to the requirement of obtaining a certificate of probable cause apply. This claim is not reviewable on appeal due to appellant's failure to obtain a certificate of probable cause.

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