People v. Van Hoang Mong Pham

—Defendant, charged in a multicount felony complaint, pleaded guilty in the municipal court to one count of violating Welfare and Institutions Code section 14107 (filing a false claim under the Medi-Cal program) after an unsuccessful attempt to suppress evidence pursuant to Penal Code section 1538.5. Sentence was pronounced in the superior court. (Pen. Code, § 859a.) She appeals seeking review of the denial of her motion to suppress. (Pen. Code, § 1538.5, subd. (m).) We affirm.

We first observe that defendant appears to labor under a misconception of the office of a motion to suppress pursuant to Penal Code section 1538.5. Subdivision (a) of that statute provides in part that “[a] defendant may move ... to suppress ... any ... thing obtained as a result of a search or seizure____” (Italics added.)

While there was apparently a search warrant executed in this case on February 15, 1984, the defendant, as is too often the case, fails to specify for us just what evidence was seized under that warrant and what specific evidence she sought to suppress. Instead, defendant simply takes the position that all evidence against her should have been suppressed even though she admits…