People v. Embry CA2/6

DISCUSSION

Pursuant to section 1237.5 and California Rules of Court, rule 8.304(b), no appeal may be taken from a judgment from a no contest plea unless (1) a defendant has filed “a written statement . . . showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings,” and (2) the trial court has executed and filed a certificate of probable cause for such an appeal. Issues pertaining to the validity of a plea require

2 compliance with section 1237.5. (People v. Buttram (2003) 30 Cal.4th 773, 781 (Buttram).) Without a certificate of probable cause, “the appellate court lacks authority . . . to consider the claim” and the court must order dismissal. (People v. Espinoza (2018) 22 Cal.App.5th 794, 797; People v. Mendez (1999) 19 Cal.4th 1084, 1099.) However, a certificate of probable cause is not required for an appeal based on or from the “sentence or other matters occurring after the plea or admission that do not affect the validity of the plea or admission.” (Cal. Rules of Court, rule 8.304 (b)(2)(B).) “ ‘In determining whether section 1237.5 applies to a challenge of a sentence imposed after a plea of guilty or no contest, courts…