People v. Johnson

Appellant Andrew Johnson was charged in a nine-count information filed in the Santa Clara County Superior Court with six counts of burglary in violation of Penal Code section 459, one count of attempted burglary in violation of Penal Code sections 664 and 459, and two counts of possession of stolen property in violation of Penal Code section 496. Two prior felony convictions also were alleged.

Following denial of appellant’s Penal Code section 995 motion to dismiss, appellant withdrew his previous not guilty pleas and entered a plea of guilty to burglary (count one), attempted burglary (count eight), and possession of stolen property (counts six and nine), and admitted the two prior felony convictions. The remaining counts were ordered dismissed.

Appellant’s sole contention on appeal is that the trial court erred in denying his Penal Code section 995 motion because the evidence against him was the tainted product of an illegal arrest.

On the evening of January 11, 1980, Mr. and Mrs. Dana Weather-ford were watching television in their home on Denali Way in San Jose. Hearing a loud thud from an empty bedroom, the Weatherfords ran to their front room window and observed a…