Can a defendant appeal from a judgment of conviction upon a plea of no contest?

California, United States of America


The following excerpt is from People v. Almeda, C083635 (Cal. App. 2018):

"Penal Code section 1237.5 provides that a defendant may not appeal 'from a judgment of conviction upon a plea of guilty or nolo contendere' unless the defendant has applied to the trial court for, and the trial court has executed and filed, 'a certificate of probable cause for such appeal.' [Citation.]" (People v. Shelton (2006) 37 Cal.4th 759, 766; 1237.5, subd. (b); see also People v. Buttram (2003) 30 Cal.4th 773, 790 [the purpose of 1237.5 is "to weed out frivolous and vexatious appeals from pleas of guilty or no contest, before clerical and judicial resources are wasted"].) "Exempt from this certificate requirement are postplea claims, including sentencing issues, that do not

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