What is the test for a certificate of probable cause in a criminal case?

California, United States of America


The following excerpt is from People v. Espinoza, F068140 (Cal. App. 2015):

The reason for this rule requiring a certificate of probable cause is to promote judicial economy by refusing to review frivolous guilty plea appeals. (Mendez, supra, 19 Cal.4th at p. 1095.) "The trial court is empowered to review the statement of the grounds of the appeal to preclude those appeals which raise no issues cognizable after a guilty plea or which raise cognizable issues which are 'clearly frivolous and vexatious ....' [Citations.] [] It is not the trial court's responsibility to determine if there was an error in the proceedings. The trial court's sole objective is to eliminate those appeals 'having no possible legal basis' by refusing to issue a certificate of probable cause. [Citations.] [Penal Code] [s]ection 1237.5 requires the trial court to certify any arguably meritorious appeal to the appellate courts. Thus, if the statement submitted by the defendant in accordance with [Penal Code] section 1237.5 presents any cognizable issue for appeal which is not clearly frivolous and vexatious, the trial court abuses its discretion if it fails to issue a certificate of probable cause." (People v. Holland (1978) 23 Cal.3d 77, 84, disapproved on other grounds in Mendez, supra, 19 Cal.4th at pp. 1097-1098.) "If the

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trial court wrongfully refuses to issue a certificate, the defendant may seek a writ of mandate from the appellate court." (People v. Johnson (2009) 47 Cal.4th 668, 676.)

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