Does a motion to suppress have to be heard by a judge acting as a magistrate or a superior court judge?

"Under the rule from People v. Lilienthal (1978) 22 Cal.3d 891, if a defendant wants to seek appellate review of a search and seizure issue, he or she must raise that issue before a superior court judge acting in that capacity." (People v. Richardson (2007) 156 Cal.App.4th 574, 581.) Defendant's motion to suppress was heard at the preliminary hearing by a judge acting as a magistrate and not as a superior court judge. Accordingly, defendant seeks to raise the issue by claiming his counsel was ineffective for failing to renew his motion after the preliminary hearing. However, such a claim requires a certificate of probable cause because the alleged ineffective assistance necessarily occurred before defendant entered his plea. (Id. at p. 596.) Accordingly, we may not address defendant's ineffective assistance claim in this appeal; defendant did raise the issue in a petition for a writ of habeas corpus, which we will resolve in a separate order.