California, United States of America
The following excerpt is from People v. Turner, 171 Cal.App.3d 116, 214 Cal.Rptr. 572 (Cal. App. 1985):
5 Under section 1237.5, "[t]he 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....' [p] It is not the trial court's responsibility to determine if there was an error in the proceedings ... Thus, if the statement submitted by the defendant in accordance with 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, supra, 23 Cal.3d at pp. 83-84, 151 Cal.Rptr. 625, 588 P.2d 765; emphasis in original and citations omitted.)
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