California, United States of America
The following excerpt is from People v. Kelly, 154 Cal.Rptr.3d 898, 215 Cal.App.4th 297 (Cal. App. 2013):
cause if the challenge to the sentence is in effect a challenge to the validity of the plea. ( People v. Buttram (2003) 30 Cal.4th 773, 781782, 134 Cal.Rptr.2d 571, 69 P.3d 420 ; 1237.5, subd. (b).) In determining whether a certificate of probable cause is required in order to challenge a bargained-for sentence, " courts must look to the substance of the appeal: "[T]he crucial issue is what the defendant is challenging, not the time or manner in which the challenge is made." [Citation.] Hence, the
[154 Cal.Rptr.3d 906]
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.