People v. Garrido

Opinion

HUFFMAN, J.

This case presents the question of whether a person may plead guilty after denial of her motion to suppress evidence (Pen. Code, 1 § 1538.5), by a magistrate prior to the preliminary hearing and thereafter seek appellate review of the denial of the suppression motion. We hold she may not do so unless the motion has been renewed in the superior court where the court is not acting as a magistrate.

Following a denial of a motion to suppress evidence, Rocío Garrido (Garrido) pleaded guilty to furnishing a controlled substance to a person in custody. The court suspended imposition…