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Name: People v. Mazurette
Case #: S081661
Court: CA Supreme Court
District CalSup
Opinion Date: 01/04/2001
Subsequent History: None

Under Penal Code section 1237, a defendant can appeal only from a final judgment of conviction. Under Penal Code section 1237.5, no appeal can be taken following a guilty plea, and under Penal Code section 1538.5, subdivision (m), an appeal of a suppression motion can be taken following a guilty plea. Under Penal Code sections 1000-1000.4, entry of judgment of conviction is deferred when the defendant is diverted to a drug program. The interaction of these statutes creates an uncertainty regarding whether a defendant who has been diverted can appeal the denial of a suppression motion. The California Supreme Court concluded that there was no final entry of judgment in this case because diversion was ordered, and accordingly, the trial court properly dismissed her appeal. The court rejected the argument that diversion should be treated like a grant of probation for purposes of appeal. Because the appeal was properly dismissed, the California Supreme Court could not reach appellant’s claim that it should permit her to withdraw her plea because she was misadvised concerning her right to seek review of the denial of her suppression issue. The court did explicitly counsel that she could still make the motion to withdraw her plea in the trial court, or could raise the issue in a habeas writ petition.