Does a defendant who entered a plea of no contest in two separate criminal cases have to appeal against the finding that they committed the same offences against the other defendant?

California, United States of America


The following excerpt is from People v. Brackeen, A124875 (Cal. App. 11/24/2009), A124875 (Cal. App. 2009):

We have reviewed the record on appeal. By entering a plea of no contest in case No. SC067951 and admitting the probation violation in case No. SC065639, defendant admitted the sufficiency of the evidence establishing the crime and the probation violation, and therefore is not entitled to review of any issue going to the question of her guilt or innocence. (People v. Hunter (2002) 100 Cal.App.4th 37, 42.) Without a certificate of probable cause, defendant cannot contest the validity of her plea. (Pen. Code, 1237.5; Cal. Rules of Court, rule 8.304(b)(4)(B).) Defendant did not obtain a certificate of probable cause.

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