California v. Cisneros-Ramirez

Defendant Juan Cisneros-Ramirez was charged with two counts of oral copulation or sexual penetration of a child 10 years old or younger, and three counts of committing a lewd act upon a child under the age of 14. The first two charges were each separately punishable “by imprisonment in the state prison for a term of 15 years to life.” If convicted as charged, defendant faced a potential sentence of two consecutive 15-years-to-life indeterminate prison terms, plus additional determinate prison terms for the three child molestation counts. Defendant’s sole contention on appeal was that the trial court erred in denying his pretrial motion to suppress statements he claims were obtained in violation of his Miranda rights. The Court of Appeal found defendant unequivocal waiver of his right to appeal precluded further review of his arguments on appeal. Furthermore, the certificate of probable cause issued in this case did not affect the Court’s conclusion since it was legally ineffectual, having certified an issue that was not cognizable following a guilty plea. View "California v. Cisneros-Ramirez" on Justia Law