In a personal injury case, can a defendant appeal against the judgment that found her guilty of breaching her probation?

California, United States of America


The following excerpt is from People v. Todd, C091427 (Cal. App. 2020):

Appointed counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of her right to file a supplemental brief within 30 days from the date the opening brief was filed. Defendant filed a supplemental brief, which we understand to argue the merits of the facts underlying her probation violations. Specifically, she complains that: (1) she should not have been found to have violated her probation where the charges against her for harming her fianc, who was living in her apartment, had been dropped and (2) that did she not fail to obey the directions of her probation officer, including those related to treatment that defendant sought herself and then elected to stop after being accepted into college classes.

Having undertaken an examination of the entire record pursuant to Wende and having considered defendant's claims, we find no errors that would result in a disposition more favorable to her. Because defendant admitted her probation violations, her appellate challenge to their validity is prohibited unless she first obtains a certificate of probable cause. (People v. Sem (2014) 229 Cal.App.4th 1176, 1186-1187 [certificate of probable cause requirement applies to admissions of probation violations].) She has not done so.

Page 5

The judgment is affirmed.

Other Questions


In a personal injury case, can a defendant appeal against the judgment against him in an appeal? (California, United States of America)
Is there any grounds of appeal for appeal against a motion of appeal brought by defendant in his personal injury case? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements? (California, United States of America)
How has the Court considered a motion to appeal the judgment of a defendant in her personal injury case? (California, United States of America)
In a personal injury case, in what circumstances will the Defendant be found guilty of assault? (California, United States of America)
What is the effect of the Court of Appeal hearing on a motion to appeal against a judgment in a personal injury case? (California, United States of America)
What is the test for having a copy of an opinion of the appeal court of appeal regarding a final judgment in a personal injury case? (California, United States of America)
How does a defendant defend in a personal injury case using a cross-examining technique used in a mental health case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.