People v. Birkenshaw CA3

Filed 9/10/21 P. v. Birkenshaw CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Modoc) ----

THE PEOPLE, C092119/C092120

Plaintiff and Respondent, (Super. Ct. Nos. F18296, F19175)

v.

ALLEN EDWARD BIRKENSHAW,

Defendant and Appellant.

Defendant Allen Edward Birkenshaw appeals from the judgment entered in his consolidated cases. Pertinent to this appeal, defendant entered a plea of no contest to being a prohibited person in possession of a firearm. Defendant challenges the denial of his motion to suppress at the preliminary hearing. Anticipating our finding of forfeiture, he further contends his counsel was ineffective for failing to renew the motion to suppress challenge before the superior court (thus foreclosing review of his…