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Cal. Penal Code § 1237.5 (2026)

✓ current as of May 2026
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No appeal shall be taken by the defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of probation following an admission of violation, except where both of the following are met:

(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.

(b)The trial court has executed and filed a certificate of probable cause for such appeal with the clerk of the court.

Notes of Decisions
Cited in 387 cases (57 in the last 5 years), 1966–2026 · leading case: People v. Edwards, 757 N.E.2d 442 (Ill. 2001).
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People v. Edwards, 757 N.E.2d 442 (Ill. 2001). · cites it 4× “" Cal.Penal Code § 1237.5 (West 2000). California law, unlike the law of this state, does not require a defendant to file a motion to withdraw his guilty plea.”
People v. Stamps, 467 P.3d 168 (Cal. 2020). · cites it 2× “We hold defendant was not required to obtain a certificate of probable cause (Pen. Code, § 1237.5) to claim on appeal that the new law applied to him retroactively, and that the new law applies because his case is not yet final on appeal.”
People v. Shelton, 125 P.3d 290 (Cal. 2006). · cites it 2× “412(b), preclude appellant from raising a Penal Code section 654 challenge on appeal?" II Did defendant need to apply for and obtain a certificate of probable cause before he could raise on appeal his claim of trial court sentencing error under Penal Code section 654? Penal Code…”
People v. Buttram, 69 P.3d 420 (Cal. 2003). · cites it 2× “I do believe, however, that the current "certificate of probable cause" system for discouraging baseless appeals from negotiated pleas (Pen.Code, § 1237.5; [1] Cal. Rules of Court, rule 31(d) (rule 31(d)) is not working well.”
Hebbe v. Pliler, 627 F.3d 338 (9th Cir. 2010). · cites it 2× “See Cal. Penal Code § 1237.5 (a) (stating that individuals who enter guilty pleas may appeal on the basis of “reasonable constitutional, juris- dictional, or other grounds going to the legality of the pro- ceedings.”
People v. Joseph B., 671 P.2d 852 (Cal. 1983). · cites it 4× “Must a minor who admits a juvenile court petition secure a certificate of probable cause (Pen. Code, § 1237.5) to obtain appellate review of any errors committed before or in the process? I.”
People v. McCullough, 298 P.3d 860 (Cal. 2013). “(Pen. Code, § 1237.5.) Defendant’s appeal included a challenge to the sufficiency of the evidence to support the $270.”
Neuhaus v. People, 289 P.3d 19 (Colo. 2012). “Ten jurisdictions authorize conditional guilty pleas by statute: see Cal.Penal Code §§ 1237.5 & 1538.5(m); Conn.”
People v. Zackery, 54 Cal. Rptr. 3d 198 (Cal. Ct. App. 2007). “” In the unpublished part of our opinion, we conclude that the question whether the judge coerced defendant into pleading guilty must be raised via a petition for writ of habeas corpus because the judge denied defendant’s request for a certificate of probable cause.”
People v. Superior Court of Yolo Cnty., 10 Cal. App. 5th 1316 (Cal. Ct. App. 2017). · cites it 2× “(Pen. Code, § 1237.5; Cal. Rules of Court, rules 8.”
Glenn v. Commonwealth, 642 S.E.2d 282 (Va. Ct. App. 2007). · cites it 2× “3(b); Cal.Penal Code § 1237.5 & Cal.App. R. 30(b); People v.”
People v. Padfield, 136 Cal. App. 3d 218 (Cal. Ct. App. 1982). · cites it 3× “I Penal Code section 1237.5 provides: “No appeal shall be taken by defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of probation following an admission of *224 violation, except where: [If] (a) The defendant has filed with the…”
Show all 387 citing cases →
— Cal. Penal Code § 1237.5(a) — 4 cases
People v. Edwards, 757 N.E.2d 442 (Ill. 2001). “" Cal.Penal Code § 1237.5 (West 2000). California law, unlike the law of this state, does not require a defendant to file a motion to withdraw his guilty plea.”
Hebbe v. Pliler, 627 F.3d 338 (9th Cir. 2010). “See Cal. Penal Code § 1237.5 (a) (stating that individuals who enter guilty pleas may appeal on the basis of “reasonable constitutional, juris- dictional, or other grounds going to the legality of the pro- ceedings.”
Hebbe v. Pliler, 611 F.3d 1202 (9th Cir. 2010).
Hebbe v. Pliler, 627 F.3d 338 (9th Cir. 2010).
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