California, United States of America
The following excerpt is from People v. O'Daniel, 194 Cal.App.3d 715, 239 Cal.Rptr. 790 (Cal. App. 1987):
"Since the doctrine of collateral estoppel is predicated on policy reasons which do not involve the guilt or innocence of the party, and in fact may be asserted by a factually guilty defendant, we find that the defendant's plea of guilty cannot be deemed a waiver of his or her asserted but denied right to have the charges dismissed on grounds of collateral estoppel. We hold that the wrongful denial of an appellant's motion to dismiss on grounds of collateral estoppel is included in the phrase 'other grounds going to the legality of the proceedings' pursuant to Penal Code section 1237.5. (People v. Meyer, supra, 183 Cal.App.3d at pp. 1158-1159, 228 Cal.Rptr. 635.)
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