Can a motion to vacate a criminal conviction be appealed from the judgment?

California, United States of America


The following excerpt is from People v. Serrano, A154782 (Cal. App. 2019):

vacate criminal convictions. People v. Totari (2002) 28 Cal.4th 876, 882, explained: "Although section 1237, subdivision (b), literally permits an appeal from any postjudgment order that affects the 'substantial rights' of the defendant, the right to appeal is limited by the qualification that, ordinarily, no appeal lies from an order denying a motion to vacate a judgment of conviction on a ground which could have been reviewed on appeal from the judgment. [Citation.] 'In such a situation appeal from the judgment is an adequate remedy; allowance of an appeal from the order denying the motion to vacate would virtually give defendant two appeals from the same ruling and, since there is no time limit[] within which the motion may be made, would in effect indefinitely extend the time for appeal from the judgment.' "

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