Wheeler

By amended information, defendant was charged with burglary (Pen. Code, § 459), grand theft (Pen. Code, § 487, subd. 1), and receiving stolen property (Pen. Code, § 496), and two prior felony convictions of defendant were alleged. He pled not guilty to each of the three counts and denied the alleged priors. After a de novo hearing, his motion to suppress evidence under Penal Code section 1538.5 was denied. Thereafter he entered a guilty plea to the charge of receiving stolen property. On motion of the prosecution, the other charges were dismissed and no finding was made as to the priors. Defendant was placed on five years’ probation, subject to special conditions, one of which was that he spend a stated period of time in the county jail. This appeal followed.

At 4 p.m. on October 2, 1973, Los Angeles Police Officers McGaff and Pettril, in plainclothes and in an unmarked police vehicle, were patrolling in the area of 78th Street and Central Avenue. As they passed the alley between 78th and 79th Streets, they observed a Buick car parked in the alley with its trunk-lid open. Within seconds of first seeing the Buick, two men (defendant and codefendant) were seen emerging…