Easley

A four-count information charged defendant with grand theft auto (Pen. Code, § 487, subd. 3), unlawful taking of an automobile (Veh. Code, § 10851), receiving stolen property (Pen. Code, § 496), and willful injury to insured property with intent to defraud (Pen. Code, § 548). It was stipulated that a motion to suppress evidence pursuant to Penal Code section 1538.5 would be submitted on the evidence presented at the preliminary hearing. After the motion was denied, defendant pleaded guilty to the receiving count. On motion of the People the other counts were dismissed in the interests of justice. Defendant was placed on probation for a three-year period on various conditions, including that he spend the first sixty days in county jail and pay a fine of $500. Plaintiff appeals from the judgment. (Pen. Code, § 1538.5, subd. (m).)

Facts

On December 7, 1977, Deputy Sheriff Jack Boggio learned that a 1977 Cadillac parked on 66th Street had been sold for salvage as a wrecked car. A check with the Department of Motor Vehicles revealed that the car had been sold to BFC Auto Dismantling at 10919 South Central Avenue, Los Angeles. Boggio went to that address and found a lot…