Is a defendant entitled to review the pleading of a motion for a certificate of probable cause?
California, United States of America
The following excerpt is from People v. Tubbs, C075419 (Cal. App. 2015):
However, defendant is entitled to review of the plea entered in the present case. Defendant's request for a certificate of probable cause specifically states that defendant entered his plea "with the understanding that he could appeal the denial of his motion," and therefore encompasses the circumstances surrounding the entry of his plea. (Cal. Rules of Court, rule 8.304(b); People v. Mendez (1999) 19 Cal.4th 1084, 1088.) We therefore examine the entry of the plea.
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