Can a plea bargain contain a promise that defendant will be entitled to or shall receive a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Milner, C071537 (Cal. App. 2014):

2. We note that the trial court's agreement to issue a CPC without legal cause was not appropriate. "The plea bargain cannot be used to change or to ignore statutory requirements which the trial court has no power to change or ignore. [Thus] it is inappropriate for the trial court to accept a plea based on a plea bargain which contains a promise that defendant will be entitled to or shall receive a certificate of probable cause (presumably made in order that defendant may pursue an appeal under section 1237.5) [because] such a promise may well be illusory and hence worthless[.] . . . ." (People v. Meals (1975) 49 Cal.App.3d 702, 708.)

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