Can appellant challenge his sentence for failing to seek a certificate of probable cause?
California, United States of America
The following excerpt is from People v. Merino, A152415 (Cal. App. 2018):
Appellant did not seek a certificate of probable cause and is therefore precluded from raising any issues that challenge the validity of his plea. ( 1237.5; People v. Cuevas (2008) 44 Cal.4th 374, 379.) Because appellant was sentenced to a term that fell within the sentencing lid specified in the agreement, the scope of the issues he may raise concerning his sentence is circumscribed by the lack of a certificate of probable cause: " '[I]nclusion of a sentence lid implies a mutual understanding and agreement that the
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