Is Page 5 of the Superior Court of Appeal bound by error and error in denying a certificate of probable cause to appeal?
California, United States of America
The following excerpt is from People v. Holmes, E062801 (Cal. App. 2015):
Furthermore, defendant requested a certificate of probable cause to appeal, but her request was denied by the trial court. "[W]here, as here, a certificate of probable cause has been denied, the appeal is not operative and the denial of the certificate must be reviewed by writ of mandate." (People v. Castelan (1995) 32 Cal.App.4th 1185, 1188.) Defendant did not challenge the denial by way of writ of mandate, so she is precluded
Page 5
from obtaining review on the merits of issues challenging the legality of the proceedings and/or the validity of her plea. (See People v. Mendez (1999) 19 Cal.4th 1084, 10961097.)
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.
The judgment is affirmed.
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