Does a certificate of probable cause apply to a motion to set aside an order denying the motion?

California, United States of America


The following excerpt is from Ramis v. Superior Court, 141 Cal.Rptr. 374, 74 Cal.App.3d 325 (Cal. App. 1977):

Without a certificate of probable cause issued by the superior court under Penal Code section 1237.5, petitioner is not entitled to appellate review of the order denying his motion to set aside his plea. (See People v. Ribero (1971) 4 Cal.3d 55, 60, 92 Cal.Rptr. 692, 480 P.2d 308.) Upon the record made here, we cannot say that the superior court abused its discretion in denying the certificate of probable cause. If petitioner has any ground for setting aside his plea, it must be supported by facts not disclosed in the superior court record. Review by habeas corpus remains available to him if he can present facts supporting such relief. (See In re Saunders (1970) 2 Cal.3d 1033, 88 Cal.Rptr. 633, 472 P.2d 921.)

Other Questions


Is a certificate of probable cause required to appeal from an order denying a motion to vacate a conviction pursuant to section 1016.5? (California, United States of America)
What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"? (California, United States of America)
Does a negotiated disposition that does not contemplate appellate review of a finding denying the certificate of probable cause apply? (California, United States of America)
Can an order denying a motion to vacate a prior order setting aside default be appealed? (California, United States of America)
In what circumstances will a court grant a peremptory writ to vacate an order denying petitioner's application for certificate of probable cause on the grounds that he waived his appellate rights? (California, United States of America)
Does a certificate of probable cause need to be issued when an appeal is taken from the denial of a motion to set aside the judgment? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
What is the test for a motion denying an order denying a section 1016.5 motion for an abuse of discretion? (California, United States of America)
When will a court order a certificate of probable cause not to apply for a concurrent sentence for a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
Is a defendant's motion for relief from default and for leave to appeal that includes a statement of reasonable grounds and a certificate of probable cause denied? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.