Is a defendant's failure to obtain a certificate of probable cause barred her from challenging her conviction and sentence?
California, United States of America
The following excerpt is from People v. Erwin, C079585 (Cal. App. 2016):
Defendant's failure to obtain a certificate of probable cause also bars her challenge to the section 11590 registration probation condition. "[A] challenge to a negotiated sentence imposed as part of a plea bargain is properly viewed as a challenge to the validity of the plea itself," and requires a certificate of probable cause. (People v. Panizzon, supra, 13 Cal.4th at p. 79.)
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