In People v. Nigro (1974) 39 Cal.App.3d 506, defendant pleaded nolo contendere and was placed on probation. He then moved to set aside his plea. An evidentiary hearing was then conducted for 24 days which amassed over 1,000 pages of transcript. Nevertheless, the court denied the motion to withdraw the plea and also refused defendant's request for a certificate of probable cause. The court then made an order modifying the terms of probation, following which the defendant appealed. However, he thereby sought solely a review of the order denying his motions for withdrawal of plea and for a certificate of probable cause. In Nigro, the court made short shrift of such an effort stating, " Penal Code section 1237 specifies what appeals may be taken by a defendant. An order by which the trial court refuses to issue a certificate of probable cause may technically be one made after judgment but to permit an appeal therefrom would render Penal Code section 1237.5 meaningless. That section is designed to prevent 'frivolous appeals' by requiring the trial court to rule on the issue of probable cause. The proper remedy to review the propriety of the trial court's ruling is by way of a timely petition for mandate. " ( Id. at pp. 510-511.) The court proceeded to dismiss the appeal and treat the matter as a petition for writ of mandate in order to reach the merits of the defendant's contention.