Is a certificate of probable cause required to challenge a motion to withdraw a guilty or no contest plea?

California, United States of America


The following excerpt is from People v. Belion, A149493 (Cal. App. 2017):

A certificate of probable cause is required to challenge the denial of a motion to withdraw a guilty or no contest plea, but is not required to raise sentencing issues that do not pertain to an integral part of the plea agreement. ( 1237.5; People v. Johnson (2009) 47 Cal.4th 668, 678, 679.) Although the trial court "granted" appellant's request for a certificate of probable cause, it did so "only as to the sentence imposed." In light of this limitation, which rendered the order a nullity given that no certificate of probable cause is required to address most sentencing issues, the court's purported granting of the certificate arguably is not sufficient to authorize appellate review of the motion to withdraw the plea.

Other Questions


Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea? (California, United States of America)
Is a defendant required to obtain a certificate of probable cause to appeal from a denial of a motion to withdraw a guilty plea? (California, United States of America)
Cano apply for a certificate of probable cause to challenge the denial of his motion to withdraw his plea? (California, United States of America)
Can a motion to withdraw a plea of guilty be appealed without a certificate of probable cause? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to challenge a guilty or no contest plea? (California, United States of America)
Is a defendant required to obtain a certificate of probable cause to challenge a sentence imposed after a no contest plea? (California, United States of America)
What is the effect of a requirement that a defendant appealing after a guilty or no contest plea must obtain a certificate of probable cause? (California, United States of America)
What is the purpose of requiring a defendant appealing after a guilty or no contest plea to obtain a certificate of probable cause? (California, United States of America)
What issues may be raised in an appeal from a guilty or no contest plea without a certificate of probable cause? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to challenge his guilty plea? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.