People v. Halstead

Opinion

GILBERT, J. *

This case poses the question whether a claim of error under People v. Hitch (1974) 12 Cal.3d 641 [117 Cal.Rptr. 9, 527 P.2d 361], can be raised by appeal following a guilty plea. We hold that any such error is waived by a guilty plea and is not, thereafter, cognizable on appeal. Defendant was charged with forcible rape (Pen. Code, § 261, subd. (2)), 1 oral copulation (§ 288a), and kidnapping. (§ 207.) In the trial court he moved for dismissal of the charges or other sanctions due to the failure of the sheriff’s department to preserve relevant physical evidence. (People v.…