Does a defendant need a certificate of probable cause to raise a sentencing issue?
California, United States of America
The following excerpt is from People v. Qualls, F062679 (Cal. App. 2013):
3. Appellant initially contends, and respondent concedes, that he does not need a certificate of probable cause to raise a sentencing issue. We agree with the parties. The requirement of a certificate of probable cause does not apply where the defendant raises sentencing issues unrelated to integral aspects of the terms of the plea agreement. (People v. Johnson (2009) 47 Cal.4th 668, 678.)
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