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.)
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