People v. Placencia
194 Cal. App. 4th 489
| Cal. Ct. App. | 2011Background
- Placencia pleaded no contest to possession or control of child pornography; the related exhibiting offense was dismissed.
- Before pleading, Placencia signed a plea form acknowledging immigration consequences and his attorney stated terms were explained.
- Trial court suspended sentence, placing Placencia on five years’ probation with 150 days in county jail.
- In March 2010, Placencia moved to vacate the judgment under § 1016.5 alleging inadequate immigration advisement.
- The trial court denied the motion; Placencia appealed and sought a certificate of probable cause, which the trial court denied, leading to an initial dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a certificate of probable cause required to appeal denial of a §1016.5 motion? | Placencia argues no certificate needed for post-judgment §1016.5 appeal. | Court requires certificate under §1237.5 to appeal from such orders. | Certificate required; appeal dismissed absent certificate. |
Key Cases Cited
- People v. Johnson, 47 Cal.4th 668 (Cal. 2009) (requires a certificate of probable cause for post-plea appeals)
- People v. Panizzon, 13 Cal.4th 68 (Cal. 1996) (strict application of §1237.5 to protect appeal integrity)
- People v. Totari, 28 Cal.4th 876 (Cal. 2002) (appealability of post-judgment order; relation to §1237)
- People v. Mendez, 19 Cal.4th 1084 (Cal. 1999) (strict application of certificate requirement)
- People v. Kaanehe, 19 Cal.3d 1 (Cal. 1977) (pre-plea advisement and its impact on validity)
- People v. Ribero, 4 Cal.3d 55 (Cal. 1971) (nonfrivolous issues and appeal rights post-plea)