What is the effect of a plea bargain in a motion to suppress evidence?

California, United States of America


The following excerpt is from People v. Ramirez, 6 Cal.App.4th 1762, 8 Cal.Rptr.2d 624 (Cal. App. 1992):

2 Appellant's plea was entered pursuant to North Carolina v. Alford (1970) 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 in that he denied the charges but accepted the plea bargain "because he realizes it's in his best legal interests."

3 In appellant's first appeal to this court, we reversed and remanded for further proceedings on appellant's motion to suppress evidence. (People v. Ramirez (Feb. 20, 1991) H008710 [nonpub. opn.].) Appellant raised the present issue in the first appeal, but we considered it unripe for decision at that time. (We granted appellant's request to take judicial notice of the record in the first appeal.) On remand, appellant abandoned his suppression motion. The court reinstated the conviction and judgment. This appeal ensued.

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