Garrido

This case presents the question of whether a person may plead guilty after denial of her motion to suppress evidence (Pen. Code, § 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 of sentence and placed her on three-years’ probation conditioned on drug treatment. Garrido appeals, contending the court erred in denying her motion to quash the search warrant. Specifically, Garrido claims (1) her failure to renew the suppression motion in superior court did not render its denial nonappealable in an appellate court, (2) the affidavit underlying the search warrant did not provide probable cause and the search warrant itself was overbroad, and (3) in the alternative, the search itself was unreasonable. Because we conclude denial of the suppression motion is not appealable, we decline…