Trowbridge v. Superior Court CA1/5

Filed 2/2/24 Trowbridge v. Superior Court CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

ADAM TROWBRIDGE, Petitioner, v. THE SUPERIOR COURT OF A169523 SOLANO COUNTY, (Solano County Respondent; Super. Ct. No. FCR367504) THE PEOPLE, Real Party in Interest.

THE COURT:* Petitioner seeks a writ of mandate to compel respondent superior court to issue a certificate of probable cause under Penal Code section 1237.5.1 We conclude petitioner is entitled to the requested relief.2

* Before Simons, Acting P.J., Burns, J. and Chou, J.

1 All further statutory references are to the Penal Code, unless otherwise noted.

2 We grant the petition by way of this memorandum opinion because “[t]he Courts of Appeal should dispose of causes that

1

Before a defendant may take an appeal from a judgment of conviction based upon a plea of guilty or nolo contendere, the defendant must “fil[e] with the trial court a written statement, executed under oath or penalty of perjury[,] showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings,” and obtain from the trial court “a certificate of probable cause for such appeal.” (§ 1237.5.) In deciding whether to issue a certificate of probable cause, “[t]he trial court is empowered to review the statement of the grounds of the appeal to preclude those appeals which raise no issues cognizable after a guilty plea or which raise cognizable issues which are ‘clearly frivolous and vexatious. . . .’ [Citations.] [¶] It is not the trial court’s responsibility to determine if there was an error in the proceedings. The trial court’s sole objective is to eliminate those appeals ‘having no possible legal basis’ by refusing to issue a certificate of probable cause. [Citations.] Section 1237.5 requires the trial court to certify any arguably meritorious appeal to the appellate courts. Thus, if the statement submitted by the defendant in accordance with section 1237.5 presents any cognizable issue for appeal which is not clearly frivolous and vexatious, the trial court abuses its discretion if it fails to issue a certificate of probable cause. [Citations.]” (People v. Holland (1978) 23 Cal.3d 77, 83-84, disapproved on other grounds in People v. Mendez (Mendez)