Does a trial court's failure to advise a defendant of his appellate rights after the entry of a no contest plea eliminate the prerequisites to an appeal under section 1237.5?

California, United States of America


The following excerpt is from People v. Leon, B291900 (Cal. App. 2019):

None of the cases appellant cites has anything to do with appellant's assertion that a trial court's failure to advise a defendant of his appellate rights following the entry of a no contest plea eliminates the prerequisites to an appeal under section 1237.5. (See People v. Leftwich (1979) 97 Cal.App.3d

Page 7

Supp. 6, 9 [court granted motion for relief from default based on attorney's failure to file notice of appeal as promised, treating it as motion to allow the late filing of the notice of appeal]; People v. Baltor (1978) 77 Cal.App.3d 227, 230-233 [defendant failed to establish right to relief from untimely filing of notice of appeal "merely because the trial court did not advise him of his rights to appeal"]; People v. Serrano (1973) 33 Cal.App.3d 331, 337-338 [former superior court rule requiring trial judge to advise defendant of right to appeal inapplicable where defendant had pleaded guilty].)

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