Can I appeal a guilty plea in a criminal case?

Yes, you can appeal a guilty plea in a criminal case in California. In California, appeals from a guilty plea are governed by section 1237.5 of the California Penal Code. This section establishes the rules for when a defendant can appeal their guilty plea. Generally speaking, a guilty plea is not appealable unless the defendant can show that it was entered in violation of the U.S. Constitution or was otherwise improperly obtained. In order to file an appeal, the defendant must first file a motion in the trial court to withdraw the plea. The motion must contain facts showing that the plea was not made freely and voluntarily or that the plea was not entered in accordance with the constitution and laws of the state. If the motion is granted, the plea will be withdrawn and the case will be sent back to the trial court for further proceedings. If a motion to withdraw the guilty plea is denied, the defendant can then appeal the decision to the California Court of Appeals. The appeals court will hear the arguments of the defendant and review the evidence on both sides, ultimately determining whether the trial court’s decision was valid or should be overturned. If the appeals court rules in favor of the defendant, the guilty plea can be vacated and the case can be sent back to the trial court for further proceedings.

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