People v. Johnson, No. S166894
Court of appeal's dismissal of defendant's appeal on the ground that a certificate of probable cause was required is affirmed as, whether the appeal seeks a ruling by the appellate court that the guilty plea was invalid, or merely seeks an order for further proceedings aimed at obtaining a ruling by the trial court that the plea was invalid, the primary purpose of section 1237.5 is met by requiring a certificate of probable cause for an appeal whose purpose is, ultimately, to invalidate a plea of guilty or no contest as in the present case.
Appeal from Santa Clara County Super. Ct. No. CC619063
Filed November 23, 2009
Before: George, C. J., Baxter, J., Werdegar, J., Chin, J., Moreno, J., and Kennard, J., Corrigan, J.
Opinion by George, C.J.
For Appellant: Vicki I. Firstman