Can a defendant obtain review of certificate issues unless he has complied with section 1237.5 and rule 31(d), first paragraph, fully?

California, United States of America


The following excerpt is from People v. Mendez, 19 Cal.4th 1084, 81 Cal.Rptr.2d 301, 969 P.2d 146 (Cal. 1999):

Therefore, the defendant may not obtain review of certificate issues unless he has complied with section 1237.5 and rule 31(d), first paragraph, fully, and, specifically, in a timely fashion -- that is to say, unless he has done what they require, how they require, and when they require. Plainly, he has not complied with them fully unless he has complied with them in a timely fashion. For, as indicated, their demands extend beyond what and how to when. If he has complied only "substantially," he has not complied sufficiently; and if he has not complied sufficiently, he has not complied at all. (People v. Breckenridge, supra, 5 Cal.App.4th at p. 1099, 8 Cal.Rptr.2d 1.)

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