Guilty Plea Appeal - Penal Code 1237.5
If you have been convicted of a crime by accepting a plea deal, you may be entitled to an appeal. However, appellate options are different after a plea deal rather than a conviction by a jury trial. In this article, California criminal appeals and litigation lawyers with Power Trial Lawyers outline how to successfully pursue an appeal following a plea deal.
California Penal Code section § 1237.5 provides an avenue for a defendant to appeal a judgment of conviction entered upon a plea of guilty or no contest, or upon revocation of probation following an admission of a probation violation. Generally, a plea of guilty or no contest is a waiver of the right to appeal, but this section provides an exception to this general rule. As discussed below, it is recommended that you consult with a California criminal appeals lawyer, as an appeal following a plea deal requires specific skill.
California P.C. § 1237.5 provides that a defendant may appeal a judgment of conviction entered upon a plea of guilty or no contest, or a judgment of revocation of probation following an admission of a probation violation, if the appeal is based on either of the following grounds:
- The invalidity of the plea, such as if the plea was entered involuntarily, or if the defendant did not receive proper advisements regarding the consequences of the plea; or
- The jurisdiction of the court, such as if the court did not have the authority to hear the case or if the defendant was not properly charged with a crime.
The section also provides that an appeal may be taken without the defendant first obtaining a certificate of probable cause. A certificate of probable cause is a requirement for an appeal in most cases, and it is a document issued by the trial court stating that there is probable cause to believe that the defendant's appeal has merit. However, under section § 1237.5, a defendant may appeal without obtaining a certificate of probable cause.
In order to file an appeal under section § 1237.5, the defendant must file a notice of appeal within 60 days of the judgment of conviction or revocation of probation. The notice of appeal must be filed with the trial court and served on the prosecuting attorney. The defendant must also provide a copy of the notice of appeal to the appellate court.
If the defendant successfully appeals under section § 1237.5, the court may either vacate the judgment of conviction or remand the case to the trial court for further proceedings.Case Studies: Successful Appeals Pursuant to PC § 1237.5
To best understand how this petition works, let us examine three cases where a PC 1237.5 petition was granted:
- People v. Gipson (2017) 16 Cal.App.5th 1 - The defendant filed a PC 1237.5 petition on the basis that his plea was not knowing and voluntary. The court granted the petition, finding that the defendant did not fully understand the consequences of his plea.
- People v. Tatum (2015) 239 Cal.App.4th 1224 - The defendant filed a PC 1237.5 petition on the basis that the trial court lacked jurisdiction to sentence him to prison. The court granted the petition, finding that the trial court did not have jurisdiction because the defendant had already been sentenced in another county for the same offense.
- People v. Brown (2019) 35 Cal.App.5th 50 - The defendant filed a PC 1237.5 petition on the basis that he received ineffective assistance of counsel. The court granted the petition, finding that the defendant's attorney failed to advise him regarding the immigration consequences of his plea.
It is important to note that the successful outcome of a PC 1237.5 petition depends on the facts and circumstances of each individual case. Therefore, it is important to consult with an experienced criminal defense attorney, such as Power Trial Lawyers, to determine whether filing a PC 1237.5 petition is the appropriate course of action in your particular case.
California Penal Code section § 1237.5 provides an important avenue for defendants to appeal judgments of conviction entered upon a plea of guilty or no contest or upon revocation of probation following an admission of violation. However, the appeal must be based on specific grounds, including the invalidity of the plea or the jurisdiction of the court.
While most appeals require a certificate of probable cause, a PC 1237.5 appeal does not, which can make it easier for defendants to appeal their case. Additionally, the time frame for filing a notice of appeal is only 60 days, which is shorter than the time frame for most other appeals.How a Criminal Appeals Lawyer Can Help
It is important to note that the success of a PC 1237.5 appeal depends on the specific circumstances of the case, and each case will be evaluated on its own merits. Therefore, it is recommended that individuals seeking to file a PC 1237.5 appeal consult with an experienced criminal appeals and litigation attorney to determine if this is the appropriate course of action.
If you are considering a PC 1237.5 petition, it is important to consult with an experienced criminal appeals attorney to determine if this is the appropriate course of action for your case. Consult with a criminal appeals lawyer with Power Trial Lawyers to determine whether you are eligible for a PC 1237.5 appeal by calling us at 213-800-7664 or by submitting a contact submission here.