People v. Cardenas CA3
CourtCalifornia Court of Appeal
Date FiledOctober 30, 2026
DocketC103807
StatusUnpublished
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Full Opinion
Filed 10/30/26 P. v. Cardenas CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Lassen)
THE PEOPLE, C103807
Plaintiff and Respondent,
(Super. Ct. No. 2024-
v. CR0091057)
NORBERTO ANDRADE CARDENAS,
Defendant and Appellant.
Defendant Norberto Andrade Cardenas pleaded guilty to infliction of corporal
injury on a cohabitant. On appeal, he contends that his plea was not knowing and
voluntary because the trial court failed to ensure he understood the constitutional rights
he was waiving. We are not able to consider this contention because Cardenas failed to
obtain a certificate of probable cause.
BACKGROUND
Cardenas pleaded guilty to infliction of corporal injury on a cohabitant after a
colloquy with the trial court addressing the charges and his constitutional rights. (Pen.
Code, § 273.5, subd. (a).)1 Consistent with the parties’ plea agreement, the court
sentenced him to three years in prison.
1 Undesignated statutory references are to the Penal Code.
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Cardenas filed a timely notice of appeal that included a checked box stating the
“appeal is based on the sentence or other matters occurring after the plea that do not
affect the validity of the plea.” Cardenas did not request or obtain a certificate of
probable cause.
DISCUSSION
Cardenas seeks reversal on the ground that the trial court failed to properly advise
him of his constitutional rights and that his plea was therefore not knowing and
voluntary. The People argue that the appeal must be dismissed because Cardenas failed
to obtain a certificate of probable cause. We agree with the People.
“In general, a defendant may appeal from a final judgment of conviction, unless
otherwise limited by sections 1237.1 and 1237.5.” (People v. Maultsby (2012) 53 Cal.4th
296, 298-299, citing § 1237 & Cal. Rules of Court, rule 8.304(b).) Section 1237.5
provides: “No appeal shall be taken by the defendant from a judgment of conviction
upon a plea of guilty or nolo contendere, … except where both of the following are met:
[¶] (a) The defendant has filed with the trial court a written statement, executed under
oath or penalty of perjury showing reasonable constitutional, jurisdictional, or other
grounds going to the legality of the proceedings. [¶] (b) The trial court has executed and
filed a certificate of probable cause for such appeal with the clerk of the court.” (See
generally People v. French (2008) 43 Cal.4th 36, 43 [discussing statute].) “ ‘[I]ssues
going to the validity of a plea require’ a certificate of probable cause.” (People v. Stamps
(2020) 9 Cal.5th 685, 694.)
Here, section 1237.5 bars Cardenas’s appeal because his claim that he did not
knowingly and voluntarily waive his constitutional rights is a challenge to the validity of
his plea. (See People v. Panizzon (1996) 13 Cal.4th 68, 76.) Cardenas urges us to
overlook the absence of a certificate of probable cause because the People failed to object
on that basis below. We decline to do so. (People v. Mendez (1999) 19 Cal.4th 1084,
1097 [“defendant may not obtain review of certificate issues unless he has complied”
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with the requirement to obtain a certificate of probable cause]; id. at p. 1098 [§ 1237.5 “is
a general ‘legislative command’ to defendants,” “lays down a ‘condition precedent’ to the
taking of an appeal within its scope,” and “should be applied in a strict manner”];
Panizzon, at p. 89, fn. 15 [“condemn[ing]” practice of “proceed[ing] to address the merits
of a defendant’s appeal following a guilty or nolo contendere plea despite the defendant’s
failure to strictly comply with section 1237.5”].) Because Cardenas’s sole claim on
appeal is not cognizable due to the failure to obtain a certificate of probable cause, we
will dismiss the appeal.
DISPOSITION
The appeal is dismissed.
/s/
FEINBERG, J.
We concur:
/s/
EARL, P. J.
/s/
BOULWARE EURIE, J.
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