Is a certificate of probable cause required to appeal from an order denying a motion to vacate a conviction pursuant to section 1016.5?

California, United States of America


The following excerpt is from Limon v. Superior Court of Orange Cnty., G055746 (Cal. App. 2018):

The court need not liberally construe the notice of appeal. The notice of appeal states it is based on "the procurement of the plea as it relates [to] the required admonition pursuant to . . . Section 1016.5." A certificate of probable cause is not required to appeal from an order denying a motion to vacate a conviction pursuant to section 1016.5. (People v. Arriaga (2014) 58 Cal.4th 950, 960.)

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