People v. Superior Court (Crook)

Peter Billiou Twede for Real Party in Interest.

OPINION

EVANS, J.

The People have petitioned for a writ of mandate directing that the respondent court annul its order suppressing oral admissions and confessions made by real party in interest, Bruce Lee Crook (hereinafter defendant). The order of suppression found the confessions and admissions to have been given in reliance upon an offer of immunity from the prosecution.

Defendant and Anthony Trexler were suspected of burglarizing a number of service station drop safes; Trexler was also believed to be involved in a number of other criminal activities then under investigation. A number of search warrants had been issued authorizing a search of vehicles earlier observed at one of the burglarized service stations; defendant was observed driving one of the described vehicles and was stopped by a sheriff's deputy, accompanied by District Attorney Maloney. Crook advised the officer that he wished to speak to the district attorney, and when approached by Maloney, stated that he would like to discuss the matter and offered, "`... I didn't really have nothing to do with this thing and I don't want to take the heat.' ... `I'd like to…

The People have petitioned for a writ of mandate directing that the respondent court annul its order suppressing oral admissions and confessions made by real party in interest, Bruce Lee Crook (hereinafter *338 defendant). The order of suppression found the confessions and admissions to have been given in reliance upon an offer of immunity from the prosecution.

Defendant and Anthony Trexler were suspected of burglarizing a number of service station drop safes; Trexler was also believed to be involved in a number of other criminal activities then under investigation. A number of search warrants had been issued authorizing a search of vehicles earlier observed at one of the burglarized service stations; defendant was observed driving one of the described vehicles and was stopped by a sheriff’s deputy, accompanied by District Attorney Maloney. Crook advised the officer that he wished to speak to the district attorney, and when approached by Maloney, stated that he would like to discuss the matter and offered, “ \ . I didn’t really have nothing to do with this thing and I don’t want to take the heat.’. . . ‘I’d like to tell you about it.’ ” Following some discussion,…

I dissent. We deal with an issue of substantial evidence. The majority find that there is no such evidence in the record to support the trial court’s ruling suppressing the defendant’s incriminating statements (Pen. Code, § 1538.5). My review of the record convinces me otherwise. I necessarily disagree with the majority’s conclusion that, as a matter of law, only limited immunity appears.

In resolving the issue of sufficiency of the evidence, we are bound by established rules of appellate review which dictate that all factual matters will be reviewed most favorably to the prevailing party. {Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 925 [ 101 Cal.Rptr. 568 , 496 P.2d 480 ]; 6 Witkin, Cal. Procedure (2d ed. 1971) § 245, p. 4236.) We must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Vann (1974) 12 Cal.3d 220, 225 [ 115 Cal.Rptr. 352 , 524 P.2d 824 ].) If the circumstances reasonably justify the trial court’s finding, an appellate court cannot reverse merely because the circumstances might also be reasonably reconciled with a contrary finding. (People v. Robillard (1960) 55 Cal.2d 88, 93 [ 10…