People v. Waltz CA1/1

DISCUSSION

Penal Code section 1237.5 generally precludes an appeal from a judgment of conviction after a plea of no contest or guilty unless the defendant has applied for, and the trial court has granted, a certificate of probable cause. There are two exceptions: (1) a challenge to a search and seizure ruling, as to which an appeal is proper under Penal Code section 1538.5, subdivision (m); and (2) postplea sentencing issues. (People v. Shelton (2006) 37 Cal.4th 759, 766; see also People v. Buttram (2003) 30 Cal.4th 773, 780.) Although defendant signed the bottom of an application form for a certificate of probable cause, he did not fill out the form and, specifically, did not fill out the part of the form identifying any “reasonable constitutional, jurisdictional, or other grounds going to the legality of” the plea. The trial court apparently took no action, and neither granted nor denied the application. Since defendant failed to file a completed application, he is not able to challenge the validity of his plea or any other matter that preceded its entry, except as permitted under the exceptions. (People v. Cole (2001) 88 Cal.App.4th 850, 868.) We add, that given defendant’s…