P.

P. v. Jacobs CA5

Good Law
Court of Appeal of CaliforniaApril 24, 2013F064685California478 words

Opinion

Opinion

DISCUSSION

Defendant’s Plea Was Improperly Induced by an Unenforceable Promise It is well settled that only limited issues are cognizable on appeal following a guilty plea.

“A guilty plea admits every element of the charged offense and constitutes a conviction [citations], and consequently issues that concern the determination of guilt or innocence are not cognizable. [Citations.] Instead, appellate review is limited to issues that concern the ‘jurisdiction of the court or the legality of the proceedings, including the constitutional validity of the plea.’ [Citations.]” (In re Chavez (2003) 30 Cal.4th 643, 649, fn. omitted.) Indeed, Penal Code section 1237.5, which governs the right to appeal following a guilty plea, provides that a defendant may not seek an appeal from a guilty plea unless “(a) The defendant has filed with the trial court a written statement, executed under oath or penalty of perjury showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings,” and “(b) The trial court has executed and filed a certificate of probable cause for such appeal with the clerk of the court.” (Ibid.)

1Defendant may have initialed the…

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