P. v. Minjarez
Following the trial courts denial of defendants motion to suppress evidence (Pen. Code, 1538.5) at the preliminary hearing, and pursuant to a negotiated plea agreement, defendant pleaded guilty to possession of metal knuckles ( 12020, subd. (a)(1)). In exchange, defendant was placed on formal probation for three years on various terms and conditions. In his appeal, defendant contends (1) the court erred in denying his motion to suppress evidence, as the initial detention and search of defendant was unlawful; and (2) the suppression motion should be reviewed on the merits, as any failure of trial counsel to renew the suppression motion prior to entering a guilty plea constituted ineffective assistance of counsel. Because defendant failed to renew his suppression motion before the superior court to preserve the issue for appeal, Court find the issue has been waived. In his petition for writ of habeas corpus, defendant claims his counsel was ineffective for failing to preserve his right to appeal the suppression motion. Court reject this contention and deny defendants petition, because defendant cannot show his counsel was ineffective for not renewing his suppression motion in the superior court.
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