Schoennauer

People v. Schoennauer

Good Law
103 Cal. App. 3d 398·163 Cal. Rptr. 161·1980 Cal. App. LEXIS 1585
Court of Appeal of CaliforniaMarch 5, 1980Crim. 19324California3,917 words

Opinion

Opinion

Caldecott, J.

Alan Jerome Schoennauer appeals from a judgment of conviction, following a plea of guilty, of violation of Penal Code section 496 (receiving stolen property). We affirm the judgment.

Appellant moved, pursuant to Penal Code section 1538.5, subdivision (f), at the preliminary hearing, to suppress evidence seized from an automobile and from his apartment. The motion was denied, and he was held to answer. Appellant filed a motion to set aside the information pursuant to Penal Code section 995, and filed a motion to suppress evidence pursuant to Penal Code section 1538.5, subdivision (i). Both motions were denied. Appellant withdrew his plea of not guilty and entered a plea of guilty of violation of Penal Code section 496 (receiving stolen property).

At approximately 5 p.m., on February 10, 1978, Mark Uribes left his apartment in Fremont. Upon his return at approximately 1 a.m., the following day, he found the kitchen window broken and his television set, eight-track stereo receiver, two stereo speakers and a clock-radio missing.

Around 11:30 p.m., on February 10, 1978, appellant went to David Jefferson’s apartment and asked David to drive him to Union City. Both appellant…

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