Does a defendant have to obtain a certificate of probable cause to challenge his guilty plea?
California, United States of America
The following excerpt is from People v. Rose, E048815 (Cal. App. 11/20/2009), E048815 (Cal. App. 2009):
Notwithstanding defendant's argument, the record is clear that defendant pled guilty, admitted to suffering a prior strike conviction and a prior prison term, and agreed to the imposed sentence. Because both of defendant's contentions on appeal challenge his guilty plea, a certificate of probable cause is required. (People v. Panizzon (1996) 13 Cal.4th 68, 84.) Here, defendant did not obtain a certificate of probable cause; therefore, he may not challenge the validity of his plea agreement. (Pen. Code, 1237.5.)
We have conducted an independent review of the record and find no arguable issues.
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