Does a defendant have to comply with section 1237.5 of the California Criminal Code with a certificate of probable cause?
California, United States of America
The following excerpt is from People v. Hunt, C056563 (Cal. App. 7/16/2008), C056563 (Cal. App. 2008):
Defendant filed an appeal from the judgment but did not seek a certificate of probable cause. In his view, compliance with section 1237.5 was not required because his claim of error "is based on events occurring after the plea and is not in itself an attack on the validity of the plea." A similar contention was rejected by this court in People v. Emery (2006) 140 Cal.App.4th 560 (hereafter Emery).
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