Does a defendant need to obtain a certificate of probable cause to appeal?

There are two exceptions to this general rule. A defendant does not need a certificate of probable cause when the appeal addresses postplea matters not challenging the plea's validity, or when the issue is the lawfulness of a search or seizure which was first contested in the trial court before the defendant entered a plea. (People v. Mendez (1999) 19 Cal.4th 1084, 1096; Cal. Rules of Court, rule 8.304(b)(4).)

A court of appeal "generally may not proceed to the merits of the appeal, but must order dismissal thereof, unless the defendant has filed a statement of certificate grounds as an intended notice of appeal, and has obtained a certificate of probable cause, in full compliance therewith." (People v. Mendez, supra, 19 Cal.4th at p. 1099.) Because Bess's challenge goes directly to the validity of the plea we must dismiss the appeal.