People v. Clanton

Lindley and Troutman, JJ.

(dissenting). We respectfully dissent. We agree with the majority’s conclusion that County *1580Court erred in denying that part of defendant’s omnibus motion seeking suppression of the statement he made to the police in which he admitted possession of the firearm. Unlike the majority, however, we cannot conclude that the error is harmless. Where, as here, “a conviction is based on a plea of guilty[,] an appellate court will rarely, if ever, be able to determine whether an erroneous denial of a motion to suppress contributed to the defendant’s decision, unless at the time…