Does a certificate of probable cause need to be obtained to challenge a ruling on a section 995 motion?
California, United States of America
The following excerpt is from People v. Miller, B257144 (Cal. App. 2014):
Because a challenge to the trial court's ruling on a section 995 motion is addressed to "irregularities in the preliminary examination procedures which are not jurisdictional in the fundamental sense" (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 529), it requires a certificate of probable cause, and is not here reviewable since appellant did not obtain such a certificate. (See People v. Hollins (1993) 15 Cal.App.4th 567, 571.) We have examined the entire record to determine if there is any issue present which does not require a certificate of probable cause. We are satisfied that appellant's attorney has fully
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complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
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