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Skinitis v. State

The defendant waived his right to appeal any error in the denial of his pretrial motion to suppress the fruits of a traffic stop by pleading guilty to speeding, DUI and marijuana possession.

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Louis Chris Skinitis was stopped for speeding, and he subsequently failed a field sobriety test. A search incident to his DUI arrest revealed marijuana in the driver’s side door. Following his negotiated plea and conviction of speeding, driving under the influence, and possession of marijuana, Skinitis appeals the denial of his pre-trial motion to suppress. We affirm. A defendant waives any error in the denial of his motion to suppress by pleading guilty; therefore, this Court is precluded from reviewing that decision. Thompson v. State, 240 Ga. App. 539, 540 2 524 SE2d 239 1999; Barber v. State , 231 Ga. App. 176 498 SE2d 758 1998. See also Hooten v. State, 212 Ga. App. 770 1 442 SE2d 836 1994. This is true even when the prosecutor and the trial court agree that if the defendant pleads guilty, he would still be able to appeal the issue. See Davis v. State, 251 Ga. App. 436 554 SE2d 583 2001.

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