Sandoval

Statement of the Case

Appellant appeals from a judgment of conviction upon a guilty plea of one count of possession of cocaine (Health & Saf. Code, § 11350), urging error in the denial of his motions to set aside the information (Pen. Code, § 995) and to suppress evidence (Pen. Code, § 1538.5).

Statement of Facts

Just before 1 a.m. on the morning of July 17, 1983, Modesto Police Officer Paul Konsdorf, on routine patrol in his marked car, stopped momentarily in a city parking lot adjacent to the Vintage Restaurant. The restaurant had a bar which stayed open until early morning. Fights, vandalism and incidents of intoxication often occurred in the parking lot.

Officer Konsdorf’s attention was drawn to the occupants of a 1973 Ford pickup parked approximately 26 feet from his patrol car. He observed the male driver and female passenger alternately leaning forward in their seats, out of sight. When upright, the female passenger kept looking over her right shoulder as if to see whether anyone was approaching.

Konsdorf got out of his car and walked up to the driver’s side of the pickup to see what the occupants were doing. With the aid of the parking lot lights and his…