Does section 1237.5 of the California Criminal Code bar a defendant from bringing a claim that a certificate is required in a petition for habeas corpus?
California, United States of America
The following excerpt is from People v. Gill, A137249, A140283 (Cal. App. 2014):
5. We therefore do not resolve the People's assertion that section 1237.5 bars defendant from raising this claim in a petition for habeas corpus. (But see People v. Cotton (1991) 230 Cal.App.3d 1072, 1083 [certificate requirement does not apply to matters raised on habeas petition that do not appear in trial court record].)
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