Brown

People v. Brown

Good Law
169 Cal. App. 3d 159·1985 Cal. App. LEXIS 1985·215 Cal. Rptr. 101
Court of Appeal of CaliforniaJune 11, 1985F004161California2,693 words

Opinion

Opinion

Brown, J.

Robert E. Brown appeals from a judgment entered upon a plea of guilty to robbery (Pen. Code, § 211). He raises search and seizure issues and sentencing issues only, consideration of which is not precluded by his guilty plea.

Facts

On December 19, 1983, between 1 and 2 p.m., appellant entered the Bank of America on Truxtun Avenue in downtown Bakersfield and gave the teller a note demanding money. He indicated to the teller that he had a gun. The teller noted he wore a tan jacket and a blue shirt. After obtaining the money, appellant ran out of the 17th Street exit from the bank, down a corridor, turned right on the sidewalk and continued to run at a rapid pace with his head down. The corridor provided access only to the bank. As appellant exited the corridor which leads to the bank, Officer Morales was on routine foot patrol on 17th Street, approximately 75 to 100 feet from the 17th Street entrance to the bank. Officer Morales was familiar with the vicinity, having patroled it for 11 months, and knew that the corridor appellant exited serviced only the bank. Morales noticed that appellant was running toward him as fast as he could and continued to look down. When…

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