Can a defendant appeal without a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Casteneda, C075159 (Cal. App. 2014):

Defendant appeals without a certificate of probable cause. However, he points out that his appeal is directed to the denial of his motion to suppress evidence prior to his plea. Where a defendant's Pitchess motion is " 'directed to' " the legality of a search, a challenge to the Pitchess ruling is cognizable on appeal pursuant to Penal Code section 1538.5, subdivision (m), providing for review of suppression motions notwithstanding a guilty plea. (People v. Collins (2004) 115 Cal.App.4th 137, 141, 148-149.) Accordingly,

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