Perspective
Jun. 29, 2011
Certificate of Probable Cause Requirement: The Silent Obstacle
Many criminal defendants fall victim to an unknown procedural rule that makes appealing their convictions practically impossible. By Michael Willemsen of De Anza College
Penal Code Section 1237.5 and Rule of Court 8.304(b) declare that an appeal after a guilty plea is inoperative unless the superior court issues a certificate of probable cause. There are two exceptions: an appeal based on a denial of a motion to suppress evidence, and an appeal based on grounds "that arose after the entry of the plea and do not affect the appeal's validity." The state Supreme Court, seeking to reduce the expendi...
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