Does a defendant have to obtain a certificate of probable cause to challenge a guilty or no contest plea?
California, United States of America
The following excerpt is from People v. Thornton, B300720 (Cal. App. 2020):
2. Before challenging the validity of a guilty or no contest plea, a criminal defendant must obtain from the trial court a certificate of probable cause under section 1237.5. (People v. Mendez (1999) 19 Cal.4th 1084, 1099.) Here, defendant never obtained a certificate of probable cause. Accordingly, his appeal is limited to challenging issues that arose after the plea was entered.
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