Can a defendant appeal the judgment of a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Jimenez, H042568 (Cal. App. 2016):

On October 1, 2014, defendant appealed the judgment in case No. H041497. The trial court granted defendant a certificate of probable cause. Defendant filed an opening brief claiming his motion to suppress was erroneously denied. In response, the People filed a respondent's brief arguing defendant had forfeited appellate review of his motion to suppress, because he did not renew his motion to suppress in the trial court after the preliminary hearing or in a section 995 motion, citing to People v. Lilienthal (1978) 22 Cal.3d 891, 896 (Lilienthal) and People v. Hawkins (2012) 211 Cal.App.4th 194.

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