Ooley

Defendant was charged with burglary. (Pen. Code, § 459.) His motion to suppress evidence seized at the time of his arrest was denied. The information was then amended to add an allegation that defendant suffered a prior felony conviction. (§ 667.5, subd. (Jo).) Thereafter, this court denied defendant’s petition for writ of prohibition and/or mandamus. Pursuant to a plea bargain, defendant then pled guilty to the burglary charge, and the alleged prior felony conviction was dismissed. Defendant was sentenced to state prison for the upper term of three years for second degree burglary. He appeals.*

Statement of Facts

Facts of the Crime

Defendant was arrested for the January 17, 1984, burglary of Mixter’s Pharmacy in Exeter, California. The following day, January 18, he admitted commission of the burglary.

Facts of the Search

On January 18, 1984, Exeter City Police Officer Albert Garcia received teletyped information there was an outstanding arrest warrant for one Timothy Ooley for violation of parole. Officer Garcia relayed this information to Sergeant Dale Perry and Officer Rowlett. Sergeant Perry informed Detective Garcia he knew the whereabouts of defendant Ooley. A…