Can a defendant appeal against his sentence and the validity of his plea of guilty plea?

California, United States of America


The following excerpt is from People v. Bahena, A145157 (Cal. App. 2015):

Defendant filed a notice of appeal challenging his sentence and the validity of the plea. He requested a certificate of probable cause, stating simply "Bahena believes that he was not properly advised regarding the consequences of his plea." The trial court denied the request for a certificate of probable cause.

We have reviewed the entire record as required by People v. Wende, supra, 25 Cal.3d 436.

Defendant was at all times represented by competent counsel who ably protected his interests.

Defendant was advised of, understood, and waived his rights under Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. The court ascertained that defendant understood the rights he was waiving and the consequences of his plea.

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