What is the test for obtaining a certificate of probable cause to appeal post-pleasement issues?

California, United States of America


The following excerpt is from People v. Marshall, B266898 (Cal. App. 2016):

The People contend this appeal must be dismissed because defendant neither obtained a final ruling on his petition for resentencing, nor obtained a certificate of probable cause. We find no merit in these contentions. A certificate of probable cause is not required to appeal post-plea matters that do not affect the validity of the plea, such as those raised on appeal here. (Pen. Code, 1237.5; see also Cal. Rules of Court, rule 8.304(b)(4).) Moreover, the trial court effectively denied defendant's petition for Proposition 47 relief, when it conditioned Proposition 47 relief on the withdrawal of defendant's plea. Although the petition was placed "off calendar," this was done only after the trial court concluded that defendant's entitlement to Proposition 47 relief hinged on his willingness to withdraw his plea. This was clearly an adverse ruling, preserving defendant's appellate challenge. (See, e.g., People v. Rowland (1992) 4 Cal.4th 238, 259.)

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