California Court of Appeal

Following a conviction on drug-related charges, defendant's appeal from post-judgment order denying his nonstatutory motion to vacate the judgment claiming that his trial counsel was ineffective for misadvising him about the immigration consequences of his plea of nolo contendere, is dismissed, as although defendant's appeal is technically an "order made after judgment" within the meaning of Penal Code section 1237(b), it challenges the validity of his nolo contendere plea, and as such, defendant was required to obtain a certificate of probable cause in order to appeal from the denial of his motion to vacate the judgment.

Appellate Information

• Decided 08/21/2012
• Published 08/21/2012

Judges

Court

• California Court of Appeal

Counsel