Can a certificate of probable cause be used to remand a defendant for a serious crime?
California, United States of America
The following excerpt is from People v. Zilberman, D074667 (Cal. App. 2019):
We need not enter this fray. Even if a certificate of probable cause is not necessary, remand would be futile in this case because the record clearly indicates the court would not have exercised discretion to strike the serious felony prior. (People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896.)
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