Does a defendant have to appeal against a finding that he failed to obtain a certificate of probable cause?
California, United States of America
The following excerpt is from People v. McCoy, B294720 (Cal. App. 2019):
Defendant filed a handwritten notice of appeal. He did not obtain a certificate of probable cause. Accordingly, the only issues cognizable on this appeal are "search and seizure issues [and] issues regarding proceedings held subsequent to the plea for the purpose of determining the degree of the crime and the penalty to be imposed." (People v. Panizzon (1996) 13 Cal.4th 68, 74.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for an appeal against a finding that a defendant failed to obtain a certificate of probable cause to appeal? (California, United States of America)
What are the grounds in which a defendant can appeal against a finding that he failed to obtain a certificate of probable cause? (California, United States of America)
Can a defendant appeal from a finding that he failed to obtain a certificate of probable cause under section 1170.18 of the California Penal Code? (California, United States of America)
What is the scope of appeal when a defendant enters a guilty or no contest plea and fails to obtain a certificate of probable cause? (California, United States of America)
Is Tatarian's appeal against the finding that he failed to obtain a certificate of probable cause? (California, United States of America)
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
Does a defendant in a criminal case who plead guilty and take an appeal from the resulting conviction need to seek and obtain a certificate of probable cause from the trial court to proceed with the appeal? (California, United States of America)
In what circumstances will a defendant be able to appeal against his conviction for the murder of an elderly woman who was found guilty of murder by reason that he failed to obtain a certificate of probable cause? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to appeal against the sentence imposed on him by the Court of Appeal? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to appeal from a judgment of conviction upon a plea of no contest? (California, United States of America)
