People v. Castrillon

Opinion

WALLIN, J.

Albeiro Castrillon appeals the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5.

1

The Attorney General urges Castrillon waived his right to appeal the denial of the motion to suppress as part of a negotiated plea bargain. We agree and affirm.

Castrillon was charged with several drug-related offenses. His motion to suppress evidence was denied and the case proceeded to a jury trial. During the trial Castrillon and the prosecution negotiated a plea bargain.

Castrillon initialed and signed a form entitled “Guilty Plea in the Superi- or Court.” He initialed the box next to the following statement on the form:

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“I understand that I have the right to appeal the Superior Court’s denial of my [section] 1538.5 motion (suppression of evidence motion) in this case. I hereby waive and give up this right.” He also initialed the box next to, and signed immediately below, the following statement: “I have personally initialed each of the above boxes and discussed them with my attorney. I understand each and every one of the rights outlined above and I hereby waive and give up each of them in order to enter my plea to the above charge(s) . . . .” Castrillon’s attorney signed a statement at the end of the guilty plea form attesting that he had explained to Castrillon each of the rights being waived, he agreed with Castrillon’s decision to waive the rights and the plea form could be received by the court as evidence of Castrillon’s intelligent waiver of his rights.

After noting that Castrillon understood English, the trial court asked the court interpreters if they had read the form to Castrillon. They had. Castrillon stated he understood everything read to him by the interpreters. The court specifically discussed with Castrillon the fact that he was waiving his right to a jury trial, right to confront witnesses and his privilege against self-incrimination. The court found Castrillon was knowledgeable and voluntarily waived the rights set forth in the written guilty plea form. Castrillon agreed with, and his attorney joined in, the court’s finding.