Does a certificate of probable cause apply to the validity of a criminal plea?

California, United States of America


The following excerpt is from People v. Gjersvold, B230588 (Cal. App. 2011):

The record contains no evidence that appellant filed a certificate of probable cause. Therefore, we do not reach his claims that, in effect, challenge the validity of his plea. Appellant was required to obtain a certificate of probable cause from the trial court in order to raise his issues on appeal, and any appeal based on these grounds is inoperative. ( 1237.5; Mendez, supra, 19 Cal.4th at pp. 1095-1096 [interpreting former rule 31(d), which corresponds to current rule 8.304(b)(1)-(5)].) Mendez held that section 1237.5 and its implementing rules of court "should be applied in a strict manner." (Id. at p. 1098.) Even appellant's second issue, in which he argues that his counsel provided ineffective assistance by failing to advise the trial court that appellant wished to withdraw his plea, goes to the validity of his plea. (See People v. Johnson (2009) 47 Cal.4th 668, 681-685 [appellant's claim of ineffective assistance of counsel when counsel did not assist him in presenting a motion to withdraw his plea requires a certificate of probable

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