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Name: People v. Emery
Case #: C050534
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/15/2006

When the defendant challenges the validity of the plea without obtaining a certificate of probable cause, the Court of Appeal will dismiss the appeal. On appeal, the defendant argued that the trial court had abused its discretion and deprived him of due process of law when it failed to grant a continuance so that defense counsel could investigate whether grounds existed to justify a motion to withdraw the plea. The Court of Appeal held that this argument constituted an attack on the validity of the plea, requiring a certificate of probable cause. Since the defendant had not obtained a certificate, the appeal was dismissed. The court expressly disagreed with People v. Osorio (1987) 194 Cal.App.3d 183, in which the Fifth Appellate District held that a certificate of probable cause was not required because the issue did not require the appellate court to consider the validity of the plea.