California, United States of America
The following excerpt is from People v. Peterson CA6, H031244 (Cal. App. 5/30/2008), H031244 (Cal. App. 2008):
Defendant's notice of appeal in this case purports to claim defendant is appealing the sentence or other matters occurring after the plea. A claim such as this would not require a certificate of probable cause. However, this court is tasked with determining whether a certificate of probable cause is required, and to do so, we look to the substance of the appeal, not the manner in which it is made. (People v. Panizzon (1996) 13 Cal.4th 68, 76.) Here, the actual substance of the appeal contains a challenge to the admission that lead to the sentence, a claim that requires a certificate of probable cause.
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