Does a defendant have to obtain a certificate of probable cause to appeal against the sentence imposed on him by the Court of Appeal?

There are two exceptions to the requirement of a certificate of probable cause: "issues relating to the validity of a search and seizure, for which an appeal is provided under section 1538.5, subdivision (m), and issues regarding proceedings held subsequent to the plea for the purpose of determining the degree of the crime and the penalty to be imposed. [Citations.]" (People v. Buttram, supra, 30 Cal.4th at p. 780.) Neither exception applies here. Because defendant did not challenge the validity of the search and seizure by a motion to suppress evidence in the trial court, his contention based upon an allegedly unlawful traffic stop is not cognizable on appeal without a certificate of probable cause. (See 1538.5, subd. (m).) Once defendant entered his plea, the trial court immediately imposed the agreed upon sentence. Thus, there was no proceeding subsequent to the plea regarding the degree of the crime or the penalty to be imposed.

As no exception applies in this case to section 1237.5, we conclude that defendant was required to obtain a certificate of probable cause, and because he did not do so, the appeal must be dismissed. (People v. Hodges (2009) 174 Cal.App.4th 1096, 1112.)