Berkowitz

In this case, we uphold a defendant’s waiver of the right to appeal, given in the context of a plea bargain entered into after denial of a suppression motion. Because we conclude the waiver is effective, we shall dismiss the appeal.

Factual and Procedural Summary

The appellant, Charles K. Berkowitz, appeals after a conviction of attempted grand theft (Pen. Code, §§ 664/487, subd. (a); all further code citations are to that code) and grand theft. The conviction is the product of a plea bargain reached after appellant’s motion to suppress (§ 1538.5) was denied. He relies on the express provision of subdivision (m) of that statute, which allows an appeal after a guilty or no contest plea for the purpose of challenging the suppression issues.

A summary of the facts giving rise to the underlying charges is not germane to the issues raised by the parties. Because we conclude appellant waived his right to appeal under section 1538.5, subdivision (m), we discuss the facts relevant to the suppression motion only to establish the context of the plea and waiver.

About 5:30 a.m. on a December morning, Los Angeles Police Department officers received a radio call that a man had…