What is the test for obtaining a certificate of probable cause under section 1237.5?
California, United States of America
The following excerpt is from People v. Pack-Ramirez, 271 Cal.Rptr.3d 1, 56 Cal.App.5th 851 (Cal. App. 2020):
The People argue we should dismiss this portion of defendant's appeal because she did not seek or obtain a certificate of probable cause under section 1237.5. We disagree. "[S]ection 1237.5 admits of this exception: The defendant may take an appeal without a statement of certificate grounds or a certificate of probable cause if he does so solely on noncertificate grounds, which go to postplea matters not challenging his plea's validity ...." ( People v. Mendez (1999) 19 Cal.4th 1084, 1096, 81 Cal.Rptr.2d 301, 969 P.2d 146.)
[271 Cal.Rptr.3d 5]
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