SULLIVAN, J.
The decisions of the Court of Appeals are conflicting over whether an individual who pleads guilty to an offense is entitled to challenge the denial of a motion to suppress or other pre-trial motion on direct appeal. Precedent limiting the right to appeal following a guilty plea dictates that such an appeal is not permitted.
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Based on the weight of the authority, Alvey cannot challenge his convictions in a direct appeal following his guilty plea. To the extent that prior opinions of the Court of Appeals are inconsistent with this conclusion, we disapprove of those decisions. See, e.g., Jones, 866 N.E.2d 339; S.A., 654 N.E.2d 791. A trial court lacks the authority to allow defendants the right to appeal the denial of a motion to suppress evidence when a defendant enters a guilty plea, even where a plea agreement maintains that such an appeal is permitted. Lineberry, 747 N.E.2d at 1155. Therefore, despite the plea agreement’s statement to the contrary, Alvey could not plead guilty and challenge the denial of his pre-trial motion to suppress.
Alvey had the opportunity to request certification of the trial court’s ruling for an interlocutory appeal on the denial of his motion to suppress; however, he did not. A motion to suppress evidence does not fall within the category of interlocutory orders from which an appeal may be taken as of right. See Ind. Appellate Rule 14(A). Thus, the trial court certainly could have refused to certify, and the Court of Appeals could have refused to accept jurisdiction over, the suppression ruling. Alvey was not guaranteed an interlocutory appeal, but this does not alter our view that his guilty plea foreclosed his right to appeal the denial of the motion to suppress. [Footnote omitted.]Â Defendants who plead guilty to achieve favorable outcomes forfeit a plethora of substantive claims and procedural rights. Games v. State, 743 N.E.2d 1132, 1135 (Ind. 2001). Alvey cannot benefit from both the advantages of pleading guilty and the right to raise allegations of error with respect to pre-trial rulings; these rights are relinquished once defendants decide against facing an uncertain outcome at trial.
Although we hold that a defendant cannot challenge the trial court’s ruling on a motion to suppress following a guilty plea, including those cases where the defendant reserved the right in his or her plea agreement, we find some unfairness to Alvey. Should we simply vacate the plea, he could face a higher sentence. Therefore, Alvey shall have the option of proceeding with the current plea agreement (absent the right to appeal the suppression order). If he does not exercise this option within 90 days of this opinion being certified (unless extended by the trial court), the plea agreement shall be vacated.
SHEPARD, C.J., and DICKSON and RUCKER, JJ., concur.
BOEHM, J., dissents with separate opinion:
I respectfully dissent. I see no reason why this plea agreement should not be honored according to its terms, as it would in several states and in federal court under Federal Rule of Criminal Procedure 11(a)(2).