Does compliance with section 1237.5 and a certificate of probable cause apply to issues going to the validity of the plea?

California, United States of America


The following excerpt is from People v. Gray, F070151 (Cal. App. 2016):

However, issues going to the validity of a plea require compliance with section 1237.5 and a certificate of probable cause. (People v. Brown (2010) 181 Cal.App.4th 356, 359.) "Thus, for example, a certificate must be obtained when a defendant claims that a plea was induced by misrepresentations of a fundamental nature [citation] ...."

Page 8

(People v. Panizzon (1996) 13 Cal.4th 68, 76.) Defendant failed to obtain a certificate of probable cause and his issues are not cognizable on appeal.

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