People v. Cisneros-Ramirez
240 Cal. Rptr. 3d 204
| Cal. Ct. App. 5th | 2018Background
- Cisneros-Ramirez was charged with multiple child-sex offenses, including two counts under Penal Code §288.7 carrying potential consecutive 15-to-life terms.
- After arrest he made statements to sheriff’s deputies; he moved to suppress those statements under Miranda and Judge Goethals denied the motion after an evidentiary hearing.
- Case was continued and ultimately resolved by a plea bargain before Judge Rogan: defendant pled guilty to 12 amended §288(a) counts in exchange for dismissal of the §288.7 counts and an agreed 30-year determinate sentence.
- The written plea form (signed and initialed by defendant and counsel, and reviewed on the record) contained an explicit, broad waiver of the right to appeal, including waiver of appeals from motions to suppress and waiver of appeal from the guilty plea.
- Six weeks later, represented by new counsel, defendant filed a notice of appeal plus a §1237.5 request for a certificate of probable cause; Judge Goethals (not the plea-taking judge) signed the certificate.
- The Court of Appeal concluded defendant knowingly and voluntarily waived his appellate rights (including §1237.5 relief), and that the certificate could not revive a claim foreclosed by a guilty plea; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant may appeal denial of Miranda suppression after guilty plea | People: plea and signed waivers foreclose appeal of pre-plea suppression ruling | Cisneros: waiver did not specifically reference §1237.5; certificate of probable cause allows appeal of Miranda ruling | Waiver was knowing, intelligent, voluntary and encompassed §1237.5; appeal barred |
| Whether a §1237.5 certificate can render cognizable a Miranda claim waived by plea | People: certificate cannot expand appellate jurisdiction to noncognizable issues | Cisneros: Judge Goethals’ certificate shows probable cause and permits appeal despite waiver | Certificate ineffective to revive a claim waived by guilty plea; noncognizable on appeal |
| Standard for enforcing written appellate waivers in plea context | People: rely on signed waiver + counsel attestations + court colloquy unless record casts doubt | Cisneros: demands specific admonition about §1237.5 akin to Boykin/Tahl | Court: specific §1237.5 admonishment not required for statutory waiver when form and colloquy show comprehension |
| Scope of issues preserved by §1237.5 after guilty plea | People: §1237.5 permits limited review of legality of proceedings, not challenges to guilt/evidence | Cisneros: Miranda is constitutional so should be reviewable under §1237.5 | Miranda-based admissibility claims affecting guilt are waived by plea and not reviewable under §1237.5 |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (Miranda warnings/privacy of custodial interrogation)
- Tollett v. Henderson, 411 U.S. 258 (U.S. 1973) (guilty plea bars later claims about pre-plea constitutional violations)
- Panizzon v. Superior Court, 13 Cal.4th 68 (Cal. 1996) (standards for knowing, voluntary plea waivers and when written waiver suffices)
- DeVaughn v. Superior Court, 18 Cal.3d 889 (Cal. 1977) (guilty plea waives pretrial errors including confession admissibility)
- Castrillon v. Superior Court, 227 Cal.App.3d 718 (Cal. Ct. App. 1991) (written waiver of statutory appeal right to suppress enforceable absent doubt)
- Hoffard v. Superior Court, 10 Cal.4th 1170 (Cal. 1995) (a §1237.5 certificate does not expand cognizable issues)
- Turner v. Superior Court, 171 Cal.App.3d 116 (Cal. Ct. App. 1985) (certificate of probable cause cannot revive issues waived by plea)
- Maultsby v. Superior Court, 53 Cal.4th 296 (Cal. 2012) (overview of appeal rights and limits following guilty plea)