What is the test for a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Dunsmore, A150199 (Cal. App. 2017):

granted, a certificate of probable cause. There are two exceptions: (1) a challenge to a search and seizure ruling, as to which an appeal is proper under section 1538.5, subdivision (m); and (2) post-plea sentencing issues. (See People v. Shelton (2006) 37 Cal.4th 759, 766; see also People v. Buttram (2003) 30 Cal.4th 773, 780.) Although defendant did not apply for a certificate of probable cause, he did make a motion to suppress. Furthermore, in his notice of appeal, defendant identifies only the ruling on his suppression motion as the ruling he challenges on appeal.2 We therefore review only those portions of the record pertaining to defendant's motion to suppress.

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