222 Cal. App. 4th 937
Cal. Ct. App.2013Background
- Mashburn pled no contest to felony possession of methamphetamine and received three years of formal probation with sentence suspended.
- He filed a notice of appeal claiming denial of his motion to suppress under Penal Code 1538.5, but no certificate of probable cause was obtained.
- The plea form contains waivers of appeal and explanations deemed knowing and voluntary by the trial court, signed by Mashburn and counsel.
- The trial court denied the suppression motion, dismissed count two, and placed Mashburn on probation with treatment rather than prison.
- The appeal challenges the suppression denial, but the appeal is subject to section 1237.5 and the requirement of a probable cause certificate absent applicable exceptions.
- The court ultimately dismisses the appeal for lack of a certificate and enforcement of the waiver as part of the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is proper without a certificate of probable cause | Mashburn argues denial of suppression is appealable despite no certificate. | People contend the appeal must be dismissed for lack of a certificate. | Appeal dismissed for lack of certificate. |
| Whether the waiver of the right to appeal renders the appeal untimely or invalid | Mashburn asserts waiver was not knowing or intelligent and thus unenforceable. | People maintain the waiver is valid and bars the appeal. | Waiver enforceable; appeal dismissed. |
| Whether an exception to the certificate requirement applies to suppression-denial challenges | Mashburn contends exception allows review without certificate for § 1538.5 suppression denial. | People argue exception does not permit bypassing the certificate when the challenge is to the waiver or plea validity. | Exception does not permit review; certificate required or waiver unenforceable. |
Key Cases Cited
- People v. Panizzon, 13 Cal.4th 68 (1996) (challenge to sentence negotiation requires certificate when attacking plea validity)
- People v. Maultsby, 53 Cal.4th 296 (2012) (certificate requirement strict; exception noted)
- People v. Cole, 88 Cal.App.4th 850 (2001) (discussion of certificate requirement and appeals from convictions after plea)
- People v. Buttram, 30 Cal.4th 773 (2003) (diversion within plea; exceptions to appealability of sentencing without certificate; concurrence discussed plea waiver)