Does a defendant have to have a certificate of probable cause to challenge a Bargained-for sentence?

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]

Other Questions


Is a defendant required to have a certificate of probable cause to challenge a sentencing enhancement where the plea agreement does not specify a specific sentence? (California, United States of America)
Is a defendant entitled to a certificate of probable cause to challenge his sentence? (California, United States of America)
Is a defendant's failure to obtain a certificate of probable cause barred her from challenging her conviction and sentence? (California, United States of America)
Is a defendant required to obtain a certificate of probable cause to challenge a sentence imposed after a no contest plea? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to challenge a sentence in a criminal case? (California, United States of America)
Is a defendant entitled to defendant's credits against his sentence if he obtained a certificate of probable cause? (California, United States of America)
Does a defendant need to obtain a certificate of probable cause to challenge their sentence? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to challenge his sentence under section 654 of the California Criminal Code? (California, United States of America)
In what circumstances will a defendant be able to challenge his conviction and sentence if he failed to obtain a certificate of probable cause? (California, United States of America)
Is there any case law where a defendant has not obtained a certificate of probable cause to challenge a maximum or lid sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.