People v. Linn CA3

DISCUSSION

Defendant argues the trial court abused its discretion in denying his motion for mental health diversion and his Romero motion. The People respond that these claims are barred on appeal because defendant failed to obtain a certificate of probable cause. The People are correct. In general, a defendant who has pled guilty or no contest may not appeal the judgment of conviction without first obtaining a certificate of probable cause. (Pen. Code, § 1237.5; see also Cal. Rules of Court, rule 8.304(b).) “Exempt from this certificate requirement are postplea claims, including sentencing issues, that do not challenge the validity of the plea.” (People v. Cuevas (2008) 44 Cal.4th 374, 379.) In

2 determining whether a certificate of probable cause is required for a claim, “courts must look to the substance of the appeal: ‘the crucial issue is what the defendant is challenging, not the time or manner in which the challenge is made.’ [Citation.] Hence, the critical inquiry is whether a challenge . . . is in substance a challenge to the validity of the plea, thus rendering the appeal subject to the requirements of [Penal Code] section 1237.5.” (People v. Panizzon (1996) 13 Cal.4th…