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PEOPLE v. MASHBURN

No. A138252.

222 Cal.App.4th 937 (2013)

166 Cal. Rptr. 3d 285

THE PEOPLE, Plaintiff and Respondent, v. BRIAN PRESTON MASHBURN, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

As modified January 7, 2014.

Attorney(s) appearing for the Case

Paul Kleven , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Seth K. Schalit and Laurence K. Sullivan , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMONS, J. —

A defendant who pleads guilty is entitled to appeal the trial court's denial of a motion to suppress evidence under Penal Code section 1538.51 without obtaining a certificate of probable cause. In this case, however, defendant agreed as part of his plea bargain to give up his right of appeal. We conclude that due to this waiver, the...

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