Does a negotiated disposition that does not contemplate appellate review of a finding denying the certificate of probable cause apply?

California, United States of America


The following excerpt is from Danson v. Superior Court of Humboldt Cnty., A135710 (Cal. App. 2012):

The People maintain that the trial court did not abuse its discretion in denying the certificate of probable cause, since petitioner agreed the court's ruling following the 402 hearing would be dispositive, "and the agreement did not contemplate appellate review of the trial court's dispositive ruling." However, the People fail to cite to any portion of the record indicating that petitioner waived appellate review as part of the negotiated disposition. We agree with petitioner that it would be inappropriate for us to imply a plea term that was not expressly stated on the record. (See People v. Feyrer (2010) 48 Cal.4th 426, 438.) Implying such a plea term would be especially improper here, since the record suggests the parties believed petitioner would be able to appeal the 402 hearing ruling following his plea.

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