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Name: People v. Hunter
Case #: C034939
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/28/2002
Subsequent History: Rehg. granted 3/20/02. Opinion on rehg. denied 7/11/02.Rev. denied 10/16/02.

In the trial court the defendant brought a motion for discovery of information about a confidential informant that was used to obtain a search warrant. An in-camera motion was held but release of information about the informant was denied. The defendant did not file a motion to return property or to suppress evidence that was uncovered during the execution of a search warrant. He then pleaded guilty. Here the defendant attempted to appeal the denial of his motion for discovery. However, the Court of Appeal found that it was not cognizable on appeal, notwithstanding that the discovery motion challenges the propriety of the search warrant and that he had obtained a certificate of probable cause under Penal Code section 1237.5. The right to appeal suppression of evidence is statutory. Penal Code section 1538.5 subdivision (m) bars this appeal because the defendant failed to file a motion to suppress the evidence uncovered by the search warrant. The Court of Appeal, on its own motion, imposed a mandatory lab criminal fee of $50 under Health and Safety Code section 11372.5, subdivision (a), plus $50 state and $35 county penalty assessments. The lab fee and assessments are mandatory, and “we are compelled to correct this omission even though the People did not raise the issue in the trial court or on appeal.” (People v. Smith (2001) 24 Cal.4th 849, 852-854.) Accordingly, the judgment was modified.