People v. Rodriguez
146 Cal. Rptr. 3d 104
Cal. Ct. App.2012Background
- Rodriguez, a Guatemala native living in the U.S. for over 20 years, pleaded nolo contendere to possession for sale of methamphetamine (Health & Safety Code § 11378).
- The plea was followed by a court-imposed judgment with suspended imposition of sentence and a three-year probation term.
- The plea conviction is deportable under federal law (8 U.S.C. § 1227(a)(2)(B)(i); Padilla v. Kentucky cited).
- Rodriguez filed a postjudgment nonstatutory motion to vacate the judgment, challenging trial counsel’s immigration advisement, and appealed denial of that motion.
- Counsel on appeal did a Wende-independent review; the People contested whether the appeal required a certificate of probable cause under Penal Code § 1237.5(b).
- The appellate court concluded the appeal must be dismissed for lack of a certificate of probable cause because the appeal challenges the validity of a nolo contendere plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a certificate of probable cause is required to appeal denial of a motion to vacate a nolo contendere plea | People contends a certificate is required when challenging plea validity | Rodriguez relied on Totari to avoid needing a certificate | Yes; certificate required; appeal dismissed |
Key Cases Cited
- People v. Placencia, 194 Cal.App.4th 489 (2011) (requires certificate of probable cause to appeal denial of motion to vacate judgment on plea validity)
- People v. Johnson, 47 Cal.4th 668 (2009) (certificate of probable cause required for such appeals)
- People v. Totari, 28 Cal.4th 876 (2002) ( Totari involved appeal with certificate; distinction from Placencia noted)
- People v. Wende, 25 Cal.3d 436 (1979) (independent review when counsel files an opening brief)