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People v. Johnson, No. S166894

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By FindLaw Staff on November 24, 2009 8:56 AM

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.   

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Appellate Information
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

For Appellee:  Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General,  Laurence K. Sullivan and René A. Chacón, Deputy Attorneys General

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