Does a defendant have to obtain a certificate of probable cause to challenge the validity of her plea?
California, United States of America
The following excerpt is from People v. Lascuna, H043637 (Cal. App. 2017):
Defendant's appellate contention required a certificate of probable cause because it was an attack on the validity of her plea. A defendant who attacks the sentence to which she agreed in a plea agreement necessarily attacks the validity of the plea. (People v. Panizzon (1996) 13 Cal.4th 68, 78.) Nor does her claim that the sentence was
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