Holloway

Following a “slow plea of guilty” effected by means of a submission upon the transcript of his preliminary hearing (see In re Mosley (1970) 1 Cal.3d 913 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ]), appellant, Robert Earl Holloway, was convicted of possessing cocaine in violation of Health and Safety Code section 11350. He appeals from the ensuing judgment (order granting probation) contending “the cocaine seized from the hand of appellant should have been suppressed as it was a product of an unlawful detention.”

At 2:58 a.m. on the morning of May 6, 1984, Officers Lumas and Tucker were on foot patrol in a residential area of Pasadena where “narcotic traffic” regularly takes place. They saw appellant standing with four other males on a grassy area abutting a large apartment complex. Lumas was able to recognize only appellant who was known to frequent the area although he did not reside there. Since the five men had their backs turned, the officers’ approach went unnoticed until they were almost upon the nocturnal huddle. At that point, one of the men saw them, said something and everyone promptly took flight—except appellant who, it appeared, remained unaware of the officers’…