P. v. Pitts CA3
Defendant pleaded no contest to possession of a billy club. (Pen. Code, § 22210.) On appeal, he contends the magistrate improperly denied his motion to suppress. (§ 1538.5.) He also contends the trial court’s approved jury instruction erroneously instructed the jury the weapon possessed was a billy club. The People assert defendant’s contentions are procedurally improper because he failed to (a) renew his motion to suppress in the trial court prior to his no contest plea, and (b) obtain a certificate of probable cause on appeal. We shall affirm.
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