People v. Williams CA2/3

DISCUSSION

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 section 1538.5, subdivision (m); and (2) post-plea sentencing issues. (People v. Shelton (2006) 37 Cal.4th 759, 766.) Here, Williams appealed without a certificate of probable cause. Therefore, our review is limited to the court’s search and seizure ruling and post-plea sentencing issues. The trial court properly denied Williams’ motion to suppress. The automobile exception to the warrant requirement of the Fourth Amendment makes it lawful to search a readily mobile vehicle, without a warrant or consent, upon probable cause to believe that the vehicle contains contraband or evidence of a crime. (Pennsylvania v. Labron (1996) 518 U.S. 938, 940.). Here, it was undisputed that the robbery involved the use of a gun, the suspects fled the scene of the crime in a distinctive red Cadillac with paper plates, and the victim identified Williams and the…