Does the clerk of the superior court prepare the record on appeal because of the denial of a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Clark, 51 Cal.App.4th 575, 59 Cal.Rptr.2d 234 (Cal. App. 1996):

Notwithstanding the trial court's denial of a certificate of probable cause, the clerk of the superior court duly prepared the record on appeal because [51 Cal.App.4th 580] Clark's notice of appeal also indicated he was appealing from the sentence, which is a " 'noncertificate' " issue. (See People v. Jones (1995) 10 Cal.4th 1102, 1105, 43 Cal.Rptr.2d 464, 898 P.2d 910.) Thereafter, appellate counsel recognized an issue concerning the plea that was not totally frivolous ( 1237.5; People v. Ribero (1971) 4 Cal.3d 55, 92 Cal.Rptr. 692, 480 P.2d 308) and made a new request for a certificate of probable cause. The trial court granted the second request for a certificate of probable cause.

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