P. v. Shanley
Pursuant to a plea agreement, Defendant pled guilty to manufacturing methamphetamine and admitted the allegation that he had suffered a residential burglary conviction. Defendant also waived his right to appeal. In accordance with the plea agreement and on that same day, the trial court sentenced defendant to a total term of 14 years in state prison. Defendant filed a notice of appeal and request for certificate of probable cause. The trial court denied the certificate of probable cause. Nonetheless, defendant sought, and this court granted, his request to have the notice of appeal deemed timely filed under the constructive filing doctrine. On appeal, Defendant contends the trial court erred in denying his motion to suppress evidence. Defendant argues the evidence that he was on parole did not comply with the Harvey-Madden rule and his sister’s telephonic consent was invalid because she was not present. The judgment is affirmed.
Comments on P. v. Shanley