Can a criminal defendant plead no contest in the trial court and then claim on appeal that his plea lacks evidentiary support?

In reviewing this appeal, we observe that a criminal defendant cannot plead no contest in the trial court and then claim on appeal that his plea lacks evidentiary support. (People v. Voit (2011) 200 Cal.App.4th 1353, 1364.) Like his declaration in support of his motion to withdraw his pleas, defendant claims in his letter that he never said that he penetrated the victim digitally, in contrast to what his interviewer thought he said. Regardless of what was said during defendant's police interview, he pleaded no contest to two counts that alleged digital penetration and the victim described digital penetration.

An express waiver of the right to appeal further limits what a defendant can assert on appeal. (People v. Panizzon (1996) 13 Cal.4th 68, 84.) When, as in this case, a defendant is given the exact sentence contemplated by his plea bargain and he waives his right of appeal, that waiver includes any challenge to the agreed sentence. (Id. at p. 89.)

However, a general waiver of the right to appeal does not preclude a defendant from asserting post-waiver errors not contemplated by the waiver. (People v. Vargas (1993) 13 Cal.App.4th 1653, 1663; People v. Sherrick (1993) 19 Cal.App.4th 657, 659.) We have reviewed the post-waiver proceedings, namely the denial of defendant's motion to withdraw his pleas and the imposition of various fines and fees that were not an express part of his plea bargain. Having reviewed the record, we find no arguable appellate issue.

The judgment is affirmed.

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/s/_________
Grover, J.

/s/_________
Rushing, P.J.

/s/_________
Mrquez, J.

Footnotes:

^1. Undesignated statutory references are to the Penal Code.

^2. Miranda v. Arizona (1966) 384 U.S. 436.