People v. Perkins-Grubbs CA3

DISCUSSION

I On June 26, 2012, the trial court denied defendant’s section 1538.5 motion. On April 2, 2013, defendant entered into the above described negotiated plea, which included a change of plea form filled out by defendant and contained the following: “I understand as a term and condition of this plea that I waive any direct appeal I may have, absent any appeal to sentencing error.” In his opening brief, defendant challenged the trial court’s denial of his suppression motion on the merits but made no reference to his waiver of all issues on direct appeal, other than those going to sentencing error. The omission, however, did not escape the People’s notice. Citing defendant’s waiver, and noting it was part of the negotiated plea, the People argue that any challenge to the suppression motion has been waived. We agree.

Defendant obtained three certificates of probable cause.

2 In People v. Berkowitz (1995) 34 Cal.App.4th 671 (Berkowitz), after the trial court denied the defendant’s section 1538.5 suppression motion, the defendant entered into a plea bargain which included a waiver of his right to appeal. (Berkowitz, at pp. 673-675.) On appeal, the defendant sought to…