California, United States of America
The following excerpt is from People v. Hoffard, 10 Cal.4th 1170, 43 Cal.Rptr.2d 827, 899 P.2d 896 (Cal. 1995):
In People v. Ribero, supra, we rejected the contention section 1237.5 deprived a defendant of due process by allowing the trial court to determine whether its own actions gave cause for reversing the judgment. We held the statute did not give the trial court that authority, but only required it to determine "whether the appeal is clearly frivolous and vexatious...." (4 Cal.3d at p. 63, fn. 4, 92 Cal.Rptr. 692, 480 P.2d 308.) In a later case, we elaborated on the trial court's role: [899 P.2d 901]
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