When Is a Certificate of Probable Cause Unnecessary?

As the reader of this blog may be well aware, one may not file an appeal of a conviction if one entered into the conviction by plea bargain unless the court first approves a certificate of probable cause for the appeal (Penal Code § 1237.5). This makes sense. However, what if the Secretary of the Department of Corrections and Rehabilitation notices an error in the sentence and recommends resentencing to correct the error? Is a certificate of probable cause then required? To read a summary of a recent opinion that addressed this issue, please click on the following link – https://www.greghillassociates.com/whens-a-certificate-of-probable-cause-unnecessary.html

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