SB 1393 – Certificate of Probable Cause Required?

If one is petitioning the court to vacate a five-year sentence enhancement imposed pursuant to a plea bargain including such a five-year term for a prior conviction for a serious felony, it would seem that Penal Code §§ 1237.5(a) and (b) would apply, requiring a certificate of probable cause first. This would prevent frivolous appeals after a no contest or guilty plea and promote judicial economy by screening out time-consuming petitions that lack valid legal grounds. However, the First Appellate District and the Supreme Court said no, in part because such a petition does not seek to vacate the plea, but only seeks to vacate part of the sentence. To read more about this ruling, please click on the following link – https://www.greghillassociates.com/sb-1393-certificate-of-probable-cause-required.html

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