Timms

After appellant and defendant Tyrone Timms’ motion to suppress evidence pursuant to Penal Code section 1538.5 was denied, he entered a plea of nolo contendere to the crime of involuntary manslaughter and admitted that he used a firearm during the commission of the offense within the meaning of Penal Code section 12022.5. At the time appellant entered his plea of nolo contendere it was agreed that if this court reversed the ruling on the section 1538.5 motion, the prosecutor would strike the gun use allegation. Appellant contends on appeal that the trial court erred in not suppressing the gun found after a warrantless search of his house.

Daly City Police Officers Margaret Smith and Donald Griggs received a report of a shooting incident at 79 Norwood about 4:35 a.m. on December 26, 1983. According to the dispatcher, the reporting party identified himself as Tyrone Timms; asked for an ambulance because someone had been shot; and claimed that intruders had broken in, assaulted the victim and then fled. Officer Smith received appellant’s name and a description of two male, Black suspects before she arrived at the scene.

Upon the officers’ arrival at 79 Norwood, Officer…