People v. Abelar 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.) The record contains no probable cause certificate, and defendant made no motion to suppress (the matters resolved prior to preliminary hearing). Therefore our review is of the postplea record. It shows defendant was ably represented by counsel. After counsel’s argument on the matter, the trial court denied the prosecution’s request for a protective order in the pepper spray case and issued a protective order only in the domestic violence case. The court fully advised defendant in taking his pleas, sentenced defendant in accordance with the stipulated disposition, and imposed all required fines and fees. As noted, custody credits were corrected by an amended…