Sutton

This appeal from a judgment of the Municipal Court of Los Angeles Judicial District is before us by certification from the Appellate Department of the Superior Court of Los Angeles County pursuant to rules 63(a) and (c), California Rules of Court.

Appellant, Edith Merle Sutton, was convicted by jury verdicts of violating Penal Code section 273a (endangering a child) and Penal Code section 272 (neglect of a child). Essentially all of the evidence relating to either charge was a product of observations made by Sergeant Earl Blackwell at appellant’s home at the time of her arrest. A motion to suppress all such evidence was made by defendant pursuant to Penal Code section 1538.5 and was denied. The sole question presented by this appeal is the propriety of that denial.

The evidence at the 1538.5 motion consisted of the testimony of Sergeant Blackwell of the Los Angeles Police Department. Blackwell received a radio report from the radio communications division advising him that there were “small children left alone” at 7830 South Western Avenue, apartment number 2. This call was received about 2 a.m., and Blackwell proceeded to that address since there were no other…