What is the effect of failure to renew a motion to suppress evidence before a change of plea is entered?
California, United States of America
The following excerpt is from People v. Velgara, 2d Crim. No. B276976 (Cal. App. 2017):
3. Appellant has filed a petition for writ of habeas corpus (B281656) alleging that he was denied effective assistance of trial counsel because counsel failed to renew the motion to suppress evidence in case nos. 2014033452 and 2014038252 before the change of plea was entered in superior court. (See 1538.5, subd. (i); People v. Lilienthal (1978) 22 Cal.3d 891, 896-897.) In a separate order, filed concurrently with this opinion, we have denied the petition for writ of habeas corpus.
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