Hunter

People v. Hunter

Good Law
100 Cal. App. 4th 37·122 Cal. Rptr. 2d 229·2002 Cal. App. LEXIS 4389·2002 Daily Journal DAR 7845·2002 Cal. Daily Op. Serv. 6289
Court of Appeal of CaliforniaJuly 11, 2002C034939California1,539 words

Opinion

Opinion

Morrison, J.

Deferendant appeals the denial of his motion for discovery of information about the confidential informant upon whom officers relied in obtaining a search warrant that uncovered incriminating evidence. Although defendant obtained a certificate of probable cause (Pen. Code, § 1237.5 ), he failed to bring a motion to suppress the evidence in the trial court before he pleaded guilty. In the published portion of this opinion, we conclude defendant’s challenge is not cognizable on appeal because the claimed error of the denial of his discovery motion does not go to the legality of the proceedings and defendant failed to move to suppress the evidence under section 1538.5, subdivision (m). In the unpublished portion, we impose mandatory fines and fees omitted by the trial court.

Factual and Procedural Background

Discussion

I. Discovery Motion

As an initial matter, we must determine whether defendant’s guilty plea, and his failure to bring a motion to suppress the evidence uncovered in the execution of the search warrant, precludes our review of the trial court’s denial of defendant’s motion for discovery about the informant who provided officers with information that…

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