P. v. Perez
Defendant Gustavo Sanchez Perez was charged by complaint with possession of marijuana for sale, and other offenses stemming from a search of his residence pursuant to a warrant supported in part by a sealed affidavit. Before his preliminary hearing, defendant moved unsuccessfully under People v. Hobbs (1994) 7 Cal.4th 948 (Hobbs) to unseal the search warrant affidavit, quash the warrant, and suppress the evidence seized from his residence. Defendant waived a preliminary hearing and was charged by information with the same offenses. To preserve his right to postconviction appellate review of the searchs validity, defendant renewed his motion to quash and suppress evidence in the superior court. The court summarily denied the motion, believing it was bound by the pre-information ruling concerning the affidavit. Defendant thereafter pleaded guilty to the possession-for-sale count as part of a negotiated disposition, and filed this appeal requesting that conduct an independent review of the sealed material to determine under Hobbs whether he is entitled to withdraw his plea and further litigate the sufficiency of the warrant. Having done so, Court affirm the judgment.
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