Warren

The People appeal from an order granting defendant’s motion to dismiss under Penal Code section 995. The information originally charged the defendant with a violation of Penal Code section 496 (receiving stolen property) and by later amendment, with four prior felony convictions.

Facts

At 10:50 p.m. on November 22, 1981, Sergeant Jerome H. Rilling of the Los Angeles Police Department was in uniform, and driving a black-and-white police car, in the vicinity of Fifth and Main Streets in the City of Los Angeles. He observed defendant walking northbound on Main Street carrying six or seven fishing rods and reels and also a brown paper bag.

Sergeant Rilling testified he was a very avid fisherman and owner of a fishing tackle store. He pulled to the curb and spoke to defendant, “How is fishing?” Defendant responded that fishing has been “pretty good.” Sergeant Rilling asked, “What type of fishing do you do?” and defendant responded, “Well, mostly fresh water fishing.” Sergeant Rilling then asked, “Where do you fish?” and defendant responded, “I fish on lakes around here.” And Sergeant Rilling asked, “What kind of fish do you catch?” and defendant responded, “Well, mostly…