Vasquez

The People appeal from the granting of defendants’ Penal Code section 995 motion to dismiss an information charging defendants with burglary. (Pen. Code, § 459.) After reviewing the transcript of the preliminary hearing, the trial court ruled there was an illegal search of two pillowcases containing items taken in the burglary of an apartment and granted defendants’ motion to suppress the evidence contained in the pillowcases. We reverse.

Statement of Facts

Harry Mamell lives at 425 South Parkview Street, Los Angeles. He came home at approximately 2:15 p.m. on July 23, 1981. As he drove into his driveway, he noticed two men whose conduct appeared suspicious. One was standing on the sidewalk next to the walkways which run between Mamell’s apartment building and the building next door. The other was standing on the walkway of the building next door, inside the padlocked gate. Marnell entered his apartment and continued to observe the men. When they realized they were being watched, the man standing on the walkway climbed over the gate onto the sidewalk. The two men then left, each walking in a different direction. Neither was carrying anything at that time.

Marnell then…