Opinion
F053968
4-21-2008
THE PEOPLE, Plaintiff and Respondent, v. TONY RAY SOMMER, Defendant and Appellant.
Fred Gagliardini, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
OPINION
THE COURT
After the denial of a motion to suppress pursuant to Penal Code Section 1538.5, appellant was held to answer on one count of violation of Health and Safety Code section 11377 subdivision (a). Subsequently, appellant pled guilty to having violated Health and Safety Code section 11377 subdivision (a) and was sentenced to deferred entry of judgment in accordance with Penal Code Section 1000. Appellant filed a timely notice of appeal indicating that the appeal follows a guilty plea wherein the basis for the appeal was denial of a motion to suppress pursuant to Penal Code Section 1538.5.
In People v. Mazurette (2001) 24 Cal.4th 789, the Supreme Court held that there is no right to appeal from an order denying a motion to suppress evidence if the defendant had pleaded guilty or no contest and had been granted deferred entry of judgment. Under those circumstances, there is no judgment of conviction with the meaning of Penal Code Section 1538.5, subdivision (m) (appeal from order denying motion to suppress). (Id. at p. 794.)
DISPOSITION
Pursuant to People v. Mazurette, supra, 24 Cal.4th 789, the above entitled appeal is dismissed. --------------- Notes: Before Ardaiz, P.J., Levy, J., and Gomes, J.