Criminal Appeals and Pleas
- November 4, 2009
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When a defendant enters a conditional guilty plea to an offense yet reserves a right to appeal aspects of the matter it is important to consider the scope of issues which may be raised on appeal. For example, a conditional guilty plea to burglary based on a motor vehhicle stop resulting in the observance of a police officer of burglary tools or stolen items in plain view in which the defendant reserves only the right to appeal whether police had reasonable suspicion of a motor vehicle offense sufficient to justify a stop. This conditional plea would not allow for defendant to raise for the first time on appeal his argument that the burglary tools or stolen items should have been suppressed because the police lacked probably cause for the motor vehicle stop. When considering an appeal one must always consider that issues not raised below and preserved may not be raised on appeal.
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