What is the test for issuing a certificate of probable cause for appeal?
California, United States of America
The following excerpt is from People v. Arriaga, 169 Cal.Rptr.3d 678, 320 P.3d 1141, 58 Cal.4th 950 (Cal. 2014):
A certificate of probable cause for appeal should not be issued if the intended appeal is "clearly frivolous and vexatious." ( People v. Ribero (1971) 4 Cal.3d 55, 63, fn. 4, 92 Cal.Rptr. 692, 480 P.2d 308.) Conversely, issuance of the certificate is proper when the
[320 P.3d 1146]
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