Does Section 1237.5 require a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Stewart, B271156 (Cal. App. 2016):

section 1237.5's certificate requirements. (Mendez, at pp. 1097-1098 [rejecting appellate courts' approach of granting "dispensation[]" to defendant not in compliance with section 1237.5 under rationale that defendant may seek same relief by habeas corpus petition]; People v. Panizzon (1996) 13 Cal.4th 68, 89, fn. 15 ["the purposes behind section 1237.5 will remain vital only if appellate courts insist on compliance with its procedures"].) We cannot review the validity of the plea in this case because defendant did not obtain a certificate of probable cause and no exception to the requirement applies. (People v. Zuniga (2014) 225 Cal.App.4th 1178, 1182.)

We also reviewed the record for error and did not find any reasonably arguable appellate issues.

The judgment is affirmed.

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