What is the scope of an appeal based on a defendant's no contest plea?
California, United States of America
The following excerpt is from People v. Bosch, A149165 (Cal. App. 2017):
Defendant's no contest plea restricts the scope of the appeal before us. Because defendant did not request a certificate of probable cause, his appeal is limited to "postplea claims, including sentencing issues, that do not challenge the validity of the plea." (People v. Cuevas (2008) 44 Cal.4th 374, 379; see also People v. Brown (2010) 181 Cal.App.4th 356, 359-360.)
"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 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)
Does a defendant who entered a plea of no contest in two separate criminal cases have to appeal against the finding that they committed the same offences against the other defendant? (California, United States of America)
Can a defendant withdraw a plea of no contest to a charge of assault because he felt he was under duress when he entered his no contest plea? (California, United States of America)
When can a defendant appeal after a conviction based on a plea of guilty or no contest? (California, United States of America)
When a defendant enters a plea of guilty or no contest, can she challenge the validity of the plea on appeal? (California, United States of America)
When can a defendant withdraw a no contest plea by asking to withdraw a plea based on ineffective assistance of counsel? (California, United States of America)
When a defendant enters a plea of guilty or no contest, can he challenge the validity of the plea on appeal? (California, United States of America)
Can a defendant appeal his no contest plea against the finding that he was not mentally competent to enter a plea? (California, United States of America)
How have courts interpreted plea agreements where a defendant's plea agreement states that he should receive a jail sentence based on his criminal conviction rather than that set forth in the criminal plea form? (California, United States of America)
Can a defendant appeal from a judgment based on a plea of no contest? (California, United States of America)
