People v. Salem CA1/1
Opinion
Opinion
Banke, J.
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.) There is no certificate of probable cause. Accordingly, defendant cannot 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.) Defendant made no motion to suppress. Therefore our review is of the postplea record. It shows defendant completed and signed a felony change of plea form setting forth the material terms of the agreed-to disposition. The court fully advised defendant in taking his no contest plea, sentenced defendant in accordance with the stipulated disposition, and imposed all required fines and fees.