State v. Luna

The issue presented in this cause is whether a plea of no contest pursuant to a negotiated plea agreement constitutes a waiver of a defendant’s right, pursuant to Crim. R. 12(H), to appeal trial court rulings on pretrial motions.

Appellant contends that “* * * a plea of no contest entered into as a result of a negotiated plea agreement does not waive a defendant’s right to appeal a prejudicially erroneous ruling by the trial court of a pretrial motion; especially, where defendant’s intention to appeal such ruling was known to the other party of such negotiated plea agreement and was…