People v. Johnson

I

Defendants and appellants Michael Ray Johnson (Johnson) and Grant Rose White, Jr. (White) appeal their conviction pursuant to jury verdicts of burglary in the first degree. (Pen. Code, §§459-460, subd. 1.) Each was sentenced to the aggravated term of six years in prison plus a five-year enhancement (Pen. Code, § 667), for a total term of eleven years.

Both claim the trial court erred in denying their motion to suppress based upon the rule of Harvey-Remers.* White further claims the evidence was insufficient to support his conviction and that the court abused its discretion in sentencing him to the aggravated term.

We conclude that the judgment should be affirmed for the reasons set forth below.

Facts

On November 23, 1984, at approximately 4:45 p.m., Police Officers Estrabao and Cornfield, in uniform and driving a marked patrol vehicle, were dispatched by radio to the vicinity of 2541 Sleepy Hollow Lane on a report of a possible burglary in progress. The report stated that two Black males were climbing a fence into the backyard of a residence. They were described as 25 to 30 years old; one having a moustache and wearing a red jacket and black pants, and the other…