Legal Question in Criminal Law in California

Can I appeal a judges decision to deny my motion for change of plea?


Asked on 3/30/11, 1:30 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Yes, assuming there is still time to do so, but I would strongly urge you not to do it yourself.

The right to appeal in a criminal case is governed by statute and the California Constitution. (Cal. Const., art. VI, sec. 11; Pen. Code, � 1235.)

An appeal may be taken from: 1) a final judgment, including an order granting probation (Pen. Code, � 1237, subd. (a)); or 2) an order made after judgment that substantially affects the rights of the defendant (Pen. Code, � 1237, subd. (b)).

Appeals after guilty pleas, no contest pleas, and admitted probation violations have stricter requirements and limitations than appeals after a trial or other contested proceedings. In appeals following a guilty plea, no contest plea, or admitted violation of probation, unless the notice of appeal states the appeal is based on the denial of a motion to suppress evidence or upon grounds arising after the plea that do not affect the plea's validity, the defendant must file in addition to the notice of appeal an application in the superior court for issuance of a certificate of probable cause. (Pen. Code, �� 1237.5 & 1538.5, subd. (m); Rules of Court, rule 8.304(b).)

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Answered on 3/30/11, 4:24 pm


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