People v. Cortez
JAD17-16
| Cal. Ct. App. | Oct 16, 2017Background
- Cesar Cortez pled guilty to misdemeanor possession of methamphetamine and entered Deferred Entry of Judgment (DEJ) under Penal Code §1000 et seq.; a second charge for drug paraphernalia was dismissed.
- Before pleading, the trial court denied Cortez’s suppression motion; Cortez then pleaded guilty and accepted DEJ.
- DEJ deferred entry of judgment for 18 months; successful completion would result in dismissal and no conviction for most purposes.
- Cortez appealed the pre-plea denial of the suppression motion; the People argued the appeal was not authorized because no judgment exists while DEJ is in effect.
- The appellate court considered whether statutory appeal provisions for suppression rulings (Pen. Code §1538.5 subdivisions (j) and (m)) permit an immediate appeal by a defendant placed on DEJ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an appeal is authorized from a pre-plea denial of a suppression motion when defendant is on DEJ | People: No appealable judgment exists during DEJ; appeal should be dismissed | Cortez: Appeal is authorized because the suppression ruling affects substantial rights and §1538.5 preserves review of suppression denials | Appeal dismissed; no appellate jurisdiction because no judgment exists while on DEJ |
| Whether Penal Code §1538.5(m) permits immediate appeal from suppression denial after a guilty plea that results in DEJ | People: §1538.5(m) requires a judgment of conviction, which does not exist during DEJ | Cortez: §1538.5(m) preserves right to appeal suppression denials even after pleading guilty | §1538.5(m) inapplicable because DEJ means no judgment of conviction yet; appeal not authorized |
| Whether Penal Code §1538.5(j) (misdemeanor-specific sentence) authorizes appeal while on DEJ | People: §1538.5(j) is intended for pretrial resolution of suppression issues when trial is pending; DEJ removes prospect of trial so it does not apply | Cortez: The plain language of §1538.5(j) grants appellate review for misdemeanor suppression rulings regardless of DEJ | §1538.5(j) construed in context; it applies only where trial is pending, not when defendant has been granted DEJ |
| Whether allowing such appeals would conflict with statutory purpose of §1538.5 | People: Permitting appeal during DEJ would frustrate §1538.5’s pretrial objectives and create anomalous results | Cortez: (implicitly) preserving rights to review constitutional claims should not be thwarted by DEJ | Court agrees with People; allowing appeal would frustrate §1538.5’s purpose of resolving suppression issues pretrial and conserving resources |
Key Cases Cited
- People v. Mazurette, 24 Cal.4th 789 (2001) (DEJ precludes immediate appeal under §1538.5 because no judgment exists while DEJ is in effect)
- People v. Loper, 60 Cal.4th 1155 (2015) (appeal is purely statutory; parties may only appeal where statute authorizes)
- People v. Belleci, 24 Cal.3d 879 (1979) (§1538.5 created to provide orderly pretrial procedure and prompt appellate review of search-and-seizure rulings)
- People v. Brooks, 26 Cal.3d 471 (1980) (§1538.5 provides comprehensive procedure for pretrial determination of search-and-seizure issues)
- Cornelius v. Superior Court, 25 Cal.App.3d 581 (1972) (purpose of §1538.5 is to settle admissibility questions before trial)
- People v. Ormiston, 105 Cal.App.4th 676 (2003) (once diversion order entered, no trial or other criminal proceeding remains pending)