Legal Question in Criminal Law in California

Re: Question about appeal

I want to clarify something Mr. Lentz wrote since it may lead to some confusion. He wrote that, in addition to the grounds I listed in my prior response, an appeal from a guilty plea could challenge "illegal search and seizure".

Such an argument would only be available on appeal if the defendant first challenged the same evidence on the same grounds in the trial court. The way to do so is via a motion to exclude evidence, which is one of the grounds I listed. His answer thus does not add to my list of grounds for appeal after a guilty plea.

Re: Question about appeal

A defendant who pleads guilty can generally make only three types of argument on appeal: that a motion to exclude evidence was wrongly denied; that the court did not properly ensure that the defendant understood the rights he was waiving by pleading guilty; and that something that happened after the plea -- usually the sentencing -- was done incorrectly.

To make any other kind of argument on appeal, the defendant must obtain a certificate of probable cause -- an acknowledgment that the issue which the defendant wants to raise has some merit -- from the trial judge.

There are very strict deadlines for obtaining a CPC and for filing a notice of appeal. If you miss either of these deadlines there is essentially nothing you can do to make up for it.

Re: Question about appeal

Deal=no appeal no whining

Re: Question about appeal

Your right to appeal is very limited following a plea. My colleagues told you about some of them, I would just add illegal search and seizure as something you could raise on appeal following a plea.

Bottom line, there has to be a significant legal issue involved. A simple change of heart and buyer's remorse so to speak will not do.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com