Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion?

California, United States of America


The following excerpt is from People v. Stewart, C079014 (Cal. App. 2017):

On appeal, defendant contends he has been deprived of his federal constitutional right to meaningful appellate review because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on his motion to suppress evidence, but instead returned the exhibits to the parties. Thereafter, one of the exhibits was apparently lost. Acknowledging any challenge to the magistrate's ruling on the suppression motion has been forfeited by his trial counsel's failure to renew that motion before the trial judge (see People v. Hinds (2003) 108 Cal.App.4th 897, 900 (Hinds)), defendant argues, "it is impossible to determine, without the missing exhibit, whether trial counsel provided ineffective assistance of counsel in failing to preserve" the issue for appellate review.

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