California, United States of America
The following excerpt is from In re O'Hearn, A160399 (Cal. App. 2020):
" 'Section 1237.5 does not limit the scope of review of the denial of a motion to withdraw a plea of guilty when that error is properly before the court on appeal. It merely sets forth a procedure for precluding frivolous appeals by requiring the defendant to set forth grounds for appeal and, if he does so, by requiring the trial court to rule on the issue of probable cause.' [Citation.] The trial court must issue the certificate if the defendant's statement under section 1237.5 presents 'any cognizable issue for appeal which is not clearly frivolous and vexatious . . . .' " (People v. Johnson, supra, 47 Cal.4th at p. 676.)
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