Cisneros-Ramirez

People v. Cisneros-Ramirez

Good Law
240 Cal. Rptr. 3d 204·29 Cal. App. 5th 393
Court of Appeal of CaliforniaNovember 26, 2018G055409California5,937 words

Opinion

Lead Opinion

Thompson, J.

*207 *396 Defendant Juan Cisneros-Ramirez's sole contention on appeal is the lower court erred in denying his pretrial motion to suppress statements he claims were obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ( Miranda ). However, defendant's subsequent unequivocal waiver of his right to appeal precludes our review of *397 his appellate contention. Thus, "[b]ecause we conclude [defendant] waived his right to appeal the denial of the suppression motion, we need not address the merits of his appeal." ( People v. Castrillon (1991) 227 Cal.App.3d 718 , 723, fn. 2, 278 Cal.Rptr. 121 ( Castrillon ).) Moreover, the certificate of probable cause issued in this case does not affect our conclusion since it was legally ineffectual, having certified an issue that is not cognizable following a guilty plea. Consequently, the judgment is affirmed.

FACTS

Defendant was charged with two counts of oral copulation or sexual penetration of a child 10 years old or younger ( Pen. Code, § 288.7, subd. (b) ; all subsequent statutory references are to the Penal Code), and three counts of committing a lewd act upon a child under the age of 14 (§ 288,…

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