What is the effect of a writ of mandate against a defendant who has pleaded guilty to a charge of possession of a firearm under the Criminal Code?

California, United States of America


The following excerpt is from People v. Wilkerson, A147172 (Cal. App. 2017):

On December 24, 2015, appellant filed a timely notice of appeal. His notice of appeal sought to (1) appeal from the sentence and other matters occurring after the pleas, (2) challenge the validity of appellant's no contest pleas, and (3) seek review of the trial court's denial of appellant's request to withdraw his no contest pleas. The latter two bases require a certificate of probable cause. ( 1237.5; Cal. Rules of Court, rule 8.304(b).) The trial court denied appellant's request for a certificate of probable cause. Appellant sought review of this denial by filing with this court a petition for a writ of mandate. We denied his petition on April 28, 2016. (Wilkerson v. Superior Court, A147828.)

B. Factual Background6

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