PEOPLE v. GARRIDO

No. D043758.

25 Cal.Rptr.3d 494 (2005)

127 Cal.App.4th 359

The PEOPLE, Plaintiff and Respondent, v. Rocio GARRIDO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied March 16, 2005.

Review Denied June 15, 2005.


Attorney(s) appearing for the Case

Carmela F. Simoncini, San Diego, Appellate Defenders, Inc., under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, James D. Dutton, Supervising Deputy Attorney General, Gary W. Schons, Assistant Attorney General, and Charles C. Ragland, Deputy Attorney General, for Plaintiff and Respondent.


HUFFMAN, J.

This case presents the question of whether a person may plead guilty after denial of her motion to suppress evidence (Pen.Code,1 § 1538.5), by a magistrate prior to the preliminary hearing and thereafter seek appellate review of the denial of the suppression motion. We hold she may not do so unless the motion has been renewed in the superior court where the court is not acting as a magistrate.

Following a denial...

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