Does a defendant have to obtain a certificate of probable cause to challenge a sentence in a criminal case?
California, United States of America
The following excerpt is from People v. Gipson, A143901, A144555 (Cal. App. 2015):
validity of the plea." (People v. Vargas (2007) 148 Cal.App.4th 644, 651.) "[I]f the defendant agreed to a specific sentence as part of his plea agreement the sentence is an issue that arose before entry of the guilty plea, and in order to challenge that sentence on appeal, the defendant must obtain a certificate of probable cause." (Id. at p. 652.)
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