People v. Wilson, 031519 CAAPP1, A153616

Docket Nº:A153616
Opinion Judge:PETROU, J.
Party Name:THE PEOPLE, Plaintiff and Respondent, v. JUAN LANELL WILSON, Defendant and Appellant.
Judge Panel:WE CONCUR: Siggins, P.J. Fujisaki, J.
Case Date:March 15, 2019
Court:California Court of Appeals
 
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THE PEOPLE, Plaintiff and Respondent,

v.

JUAN LANELL WILSON, Defendant and Appellant.

A153616

California Court of Appeals, First District, Third Division

March 15, 2019

NOT TO BE PUBLISHED

Solano County Super. Ct. No. FCR326220

PETROU, J.

Defendant Juan Lanell Wilson appeals from a judgment following his no contest plea to the felony offense of failing to update his annual sex offender registration status (Pen. Code, § 290.012, subd. (a)1) and suspension of sentence and imposition of a three-year probationary term. Before the change of plea proceeding, the trial court denied defendant's non-statutory motion to dismiss on the ground the People could not establish the elements of the charged offense. At the change of plea proceeding the court, while finding there was “a sufficient factual basis” to support the no contest plea, also informed defendant that the court would issue a certificate of probable cause thereby allowing him to appeal the denial of his non-statutory motion to dismiss. Following sentencing, the court issued a certificate of probable cause and defendant filed his notice of appeal.

We agree with the parties that, despite the trial court's comments at the change of plea proceeding, defendant's right to appeal the denial of his non-statutory motion to dismiss was not preserved by either the plea agreement or the issuance of a certificate of probable cause. “Under section 1237.5, a defendant may appeal from a conviction on a plea of guilty or no contest only on grounds going to the legality of the proceedings; such a plea precludes appellate consideration of issues related to guilt or innocence, including the sufficiency of the evidence to support the conviction.” (People v. Palmer (2013) 58 Cal.4th 110, 114; see People v. Voit (2011) 200 Cal.App.4th 1353, 1366 [“a plea of guilty or no contest forecloses an appellate challenge that the plea lacks a factual basis”].) “[A] certificate of probable cause does not make cognizable those issues which have been waived by a plea of guilty” or no contest. (People v. LaJocies (1981) 119 Cal.App.3d 947, 957.) Accordingly, defendant cannot pursue a substantive challenge to the denial of his...

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