Escarcega

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and David Schneller, Deputy Attorneys General.

OPINION

ELKINGTON, J.

Defendant Escarcega has appealed from a "judgment of conviction and sentence" which were rendered and entered following his conviction by a jury's verdicts, of grand theft (Pen. Code, §§ 484, 487), and of assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a).

No contention is made that the verdicts were unsupported by the evidence placed before the jury. (1a) But it is argued that certain evidence, two knives and a jacket found in an automobile driven by Escarcega, had been obtained in violation of the Fourth Amendment. The specific argument is that the officer had no right to follow and stop the automobile and to detain its two occupants. No contention is made, assuming validity of the detention, that there was an invalid search or seizure.

The trial court found against Escarcega on the issue.

We had previously made and filed our decision on this appeal affirming the judgment. But we granted a rehearing on the…