What is the legal test for a no contest plea in a criminal case?

Because defendant pleaded no contest to the felony charge, a second set of statutes, those governing criminal appeals following pleas of guilty or no contest, comes into play. Section 1237.5 provides the general rule: "No appeal shall be taken by the defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of probation following an admission of violation, except where [certain conditions are met]." A special case, however, is presented when a defendant enters such a plea following an adverse decision on a motion to suppress

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evidence based on a claim of an illegal search and/or seizure. Section 1538.5, subdivision (m) (hereafter section 1538.5(m)) announces this exception, providing that "[a] defendant may seek further review of the validity of a search or seizure on appeal from a conviction in a criminal case notwithstanding the fact that the judgment of conviction is predicated upon a plea of guilty." This rule applies to pleas of nolo contendere as well as pleas of guilty. (People v. West (1970) 3 Cal.3d 595, 600-601, 91 Cal.Rptr. 385, 477 P.2d 409.)

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