People v. Gonzales

Following an unsuccessful Penal Code section 1538.5 motion to suppress evidence essential to his conviction, defendant Gonzales pleaded nolo contendere to a charge of receiving stolen property. Proved, or admitted, were two prior convictions of felony. On his appeal from the judgment entered upon his plea, he urges error only in the denial of his motion to suppress evidence.

On his motion in the superior court, he contended that he had been unconstitutionally detained, and thus “seized,” by a police officer, which official misconduct led to discovery that the automobile occupied by him was stolen. He repeats the contention here on his appeal.

Our function on such an appeal is established by the authority of People v. Lawler (1973) 9 Cal.3d 156, 160 [ 107 Cal.Rptr. 13 , 507 P.2d 621 ], as follows:

We relate the mainly uncontroverted evidence as it was presumably found true by the superior court.

Around 12:30 a.m. one morning a uniformed police officer observed a parked Chevrolet automobile with two occupants, in a neighborhood composed mainly of apartment buildings and townhouses. “Due to the numerous alcohol and drug and auto burglary problems . . . and the late hour…