Is a defendant required to obtain a certificate of probable cause to appeal from a denial of a motion to withdraw a guilty plea?
California, United States of America
The following excerpt is from People v. Matias, F070079 (Cal. App. 2015):
"A defendant must obtain a certificate of probable cause in order to appeal from the denial of a motion to withdraw a guilty plea, even though such a motion involves a proceeding that occurs after the guilty plea." (People v. Johnson (2009) 47 Cal.4th 668, 679.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
What is the purpose of requiring a defendant appealing after a guilty or no contest plea to obtain a certificate of probable cause? (California, United States of America)
What is the effect of a requirement that a defendant appealing after a guilty or no contest plea must obtain a certificate of probable cause? (California, United States of America)
Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea? (California, United States of America)
Can a motion to withdraw a plea of guilty be appealed without a certificate of probable cause? (California, United States of America)
Does a defendant need to obtain a certificate of probable cause from the trial court before appealing a conviction from a guilty plea? (California, United States of America)
Can a defendant withdraw her plea and appeal against a certificate of probable cause issued by the Superior Court of Appeal? (California, United States of America)
Is a certificate of probable cause required to challenge a motion to withdraw a guilty or no contest plea? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause for an appeal after a plea of guilty or nolo contendere? (California, United States of America)
