Does a direct appeal from a guilty plea require a timely request for a certificate of probable cause?
MultiRegion, United States of America
The following excerpt is from Jenkins v. CIM-MSF, CASE NO. CV 11-1722-DMS (WMc) (S.D. Cal. 2012):
constitutional, jurisdictional, or other grounds relating to the legality of the proceedings, and the trial court has executed and filed a certificate of probable cause for such appeal. See Cal. Penal Code 1237.5 (West Supp. 2009). All direct appeals from a guilty plea require a timely request for a certificate of probable cause. People v. Mendez, 19 Cal. 4th 1084, 1088-89, 969 P.2d 146, 148-49, 81 Cal. Rptr. 2d 301, 304 (1999).
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