Burns

After the municipal court denied appellant’s motion to quash and traverse a search warrant (Pen. Code, § 1538.5, subd. (f)), appellant entered a “certified plea” of guilty, and the municipal court transferred the matter to the superior court, which then sentenced appellant. We hold that, pursuant to subdivision (m) of section 1538.5, this court lacks jurisdiction to review the denial of appellant’s motion, since it was not brought in the superior court. Appellant’s guilty plea included the agreement that he would be permitted to raise on appeal the denial of his motion to quash and traverse the search warrant. Since our limited appellate jurisdiction precludes honoring such an agreement, we remand the matter to the superior court to give appellant the option to withdraw his plea of guilty and to confront all the original charges in the amended felony complaint.

Procedural History

Appellant was charged in an amended felony complaint with manufacturing phencyclidine (Health & Saf. Code, § 11379.6, subd. (a)), possession for sale of methamphetamine (Health & Saf. Code, § 11378), possession with intent to manufacture methamphetamine (Health & Saf. Code, § 11383, subd.…