Is a certificate of probable cause required for an appeal from a denial of a motion to vacate pursuant to section 1016.5?
California, United States of America
The following excerpt is from People v. Ramirez, E063048 (Cal. App. 2016):
The Attorney General argues that the appeal should be dismissed, because defendant failed to obtain a certificate of probable cause pursuant to section 1237.5. We disagree. A certificate of probable cause is not required for an appeal from the denial of a motion to vacate under section 1016.5. (People v. Arriaga (2014) 58 Cal.4th 950, 955, 958-960.) The Attorney General argues that the appeal should be dismissed because
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