Does a defendant in a criminal case who plead guilty and take an appeal from the resulting conviction need to seek and obtain a certificate of probable cause from the trial court to proceed with the appeal?

California, United States of America


The following excerpt is from People v. Odisho, G058019 (Cal. App. 2020):

Penal Code section 1237.5 requires defendants in criminal cases who plead guilty and take an appeal from the resulting conviction to seek and obtain a certificate of probable cause from the trial court to proceed with the appeal. This requirement applies to claims that operate "'in substance [as] a challenge to the validity of the plea.'" (People v. Hurlic (2018) 25 Cal.App.4th 50, 55, original italics.)

Page 3

Other Questions


Does a defendant need to obtain a certificate of probable cause from the trial court before appealing a conviction from a guilty plea? (California, United States of America)
Can a defendant who pleads guilty to a charge of assault obtain a certificate of probable cause to appeal the conviction? (California, United States of America)
Is a defendant required to obtain a certificate of probable cause to appeal from a superior court judgment after pleading guilty? (California, United States of America)
Does a defendant who has entered a plea of guilty or no contest have to obtain a certificate of probable cause from the trial court to appeal? (California, United States of America)
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
Can a defendant appeal the validity of his guilty plea by obtaining a certificate of probable cause from the trial court? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to appeal against the sentence imposed on him by the Court of Appeal? (California, United States of America)
In what circumstances will a defendant be able to appeal against his conviction for the murder of an elderly woman who was found guilty of murder by reason that he failed to obtain a certificate of probable cause? (California, United States of America)
Can a defendant who has pleaded guilty or no contest to a charge obtain a certificate of probable cause from the trial? (California, United States of America)
Does a defendant have to comply with section 1237.5 of the Criminal Code by obtaining a certificate of probable cause from the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.