Does a defendant have to have a statement of certificate or certificate of probable cause to appeal against the validity of an admission of violation of probation?

California, United States of America


The following excerpt is from People v. Bates, C084261 (Cal. App. 2018):

People v. Billetts (1979) 89 Cal.App.3d 302, 307 ["[w]here a defendant is attacking the validity of [an admission of violation of probation], a certificate of probable cause is required under the express terms of section 1237.5"].) With that said, section 1237.5 contains an exception: The defendant may take an appeal without a statement of certificate grounds or a certificate of probable cause if he does so solely on noncertificate grounds, which go to postplea matters not challenging his plea's or admission of probation violation's validity and/or matters involving a search or seizure whose lawfulness was contested pursuant to section 1538.5. (Mendez, at p. 1096.) Absent a certificate of probable cause, then, an appellate court may decide noncertificate issues but must decline to address certificate issues. (Id. at p. 1099.)

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