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Name: People v. Garrido
Case #: D043758
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/04/2005
Summary

Following the denial of a motion to suppress evidence prior to the preliminary hearing, appellant pleaded guilty to a controlled substance offense, without renewing the motion in superior court. Appellant raised the denial of the motion to suppress on appeal. In this opinion, the appellate court held that a person may not seek appellate review of the denial of a suppression motion after pleading guilty following the denial of a motion to suppress evidence by a magistrate prior to the preliminary hearing, unless the motion has been renewed in the superior court where the court is not acting as a magistrate. The unification of the courts has not abrogated the need for a renewal of the motion to suppress evidence following certification of the case to the superior court. Since the plea agreement did not include a specific understanding that the matter would be certified for appeal with regard to the motion, appellant was not denied the benefit of her plea agreement, and remand for withdrawal of the plea is not required.