People v. Mashburn CA1/5

Opinion

SIMONS, J.

A defendant who pleads guilty is entitled to appeal the trial court’s denial of a motion to suppress evidence under Penal Code section 1538.5 1 without obtaining a certificate of probable cause. In this case, however, defendant agreed as part of his plea bargain to give up his right of appeal. We conclude that due to this waiver, the ruling on the suppression motion may not be appealed without first obtaining the requisite certificate. Accordingly we dismiss the appeal.

BACKGROUND

In December 2012, appellant was charged by information with possession of methamphetamine (Health…