When will a court grant defendant a certificate of probable cause to challenge the validity of his plea?
California, United States of America
The following excerpt is from People v. Abangan, C060080 (Cal. App. 7/29/2009), C060080 (Cal. App. 2009):
Since defendant's claim attacks the validity of his plea, it is not cognizable on appeal absent a certificate of probable cause. (People v. Cuevas (2008) 44 Cal.4th 374, 379; People v. Turner (1985) 171 Cal.App.3d 116, 127, fn. 8.) The trial court denied defendant's request for a certificate of probable cause.
Defendant cites People v. Christian (2005) 125 Cal.App.4th 688 in support of his claim. However, Christian is of no assistance to defendant since it did not discuss whether the defendant in that case had a certificate of probable cause in order to challenge the lack of advisements when he entered his plea. (Id. at pp. 691-699.)
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